Eatonton Motor Co. v. Broadfield

157 S.E. 461, 172 Ga. 313, 1931 Ga. LEXIS 83
CourtSupreme Court of Georgia
DecidedFebruary 21, 1931
DocketNo. 7693
StatusPublished

This text of 157 S.E. 461 (Eatonton Motor Co. v. Broadfield) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eatonton Motor Co. v. Broadfield, 157 S.E. 461, 172 Ga. 313, 1931 Ga. LEXIS 83 (Ga. 1931).

Opinion

Per Gtjriam.

1. “Creditors without lien can not, as a general rule, enjoin their debtors from disposing of their property, nor obtain injunction or other extraordinary relief in equity.” Civil Code (1910), § 5495. “The power of appointing receivers and ordering injunctions should be prudently and cautiously exercised, and except in clear and urgent cases should not be resorted to.” Civil Code (1910), § 5477.

2. The facts in this ease do not bring it within any exception to the general rules, the plaintiff showing no lien upon or title to the property

of the defendant.

Judgment reversed.

All the Justices eoneur.

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Bluebook (online)
157 S.E. 461, 172 Ga. 313, 1931 Ga. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eatonton-motor-co-v-broadfield-ga-1931.