159 Ga. 393 | Ga. | 1924
Has this court jurisdiction of this writ of error ? If we have jurisdiction, it is because this suit is one in equity. 10 Park’s Code, § 6502; Acts 1916, p. 19. The plaintiff seeks to
The petition-further alleges that Barwick and Clark, being the only stockholders and the only persons interested in said corporation, and being directors and officers thereof, with full knowledge of plaintiff’s contracts for the sale and delivery of said lumber, agreed upon a dissolution of their relations and divided the assets of said corporation, each receiving in said division more than the amount of plaintiff’s claim and more than all the liabilities of said corporation, leaving the corporation with no assets whatever and wholly insolvent; that Barwick and Clark received such assets as trustees for plaintiff and other creditors of the corporation; that said dissolution -was carried out merely by said agreement and division of assets and with no legal formalities; and that in said dissolution and division Barwick agreed with Clark to assume all liabilities and contracts of said corporation. Some of these allegations would be appropriate in a proceeding in equity to trace the assets of the defendant corporation and to subject them to the claim of the plaintiff, if the petition otherwise made such proceeding proper. The mere allegation that the stockholders and directors of a corporation divided its assets among themselves, thus stripping* it of all assets and leaving it insolvent, and that they