Mackle Construction Co. v. Smith

Supreme Court of Georgia

Mackle Construction Co. v. Smith

103 S.E. 414, 150 Ga. 97, 1920 Ga. LEXIS 54

CourtSupreme Court of Georgia

DecidedApril 14, 1920

DocketNo. 1560

StatusPublished

Cited by1 cases

This text of 103 S.E. 414 (Mackle Construction Co. v. Smith) 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

Mackle Construction Co. v. Smith, 103 S.E. 414, 150 Ga. 97, 1920 Ga. LEXIS 54 (Ga. 1920).

Pincite

Opinion

Atkinson, J.

“ Creditors without lien can not, as a general rule, enjoin their debtors from disposing of property, nor obtain-injunction or other extraordinary relief in equity.” Civil Code, § 5495. Irrespective of the question of whether there were valid grounds for rescission of the contract of January 10, 1919, applying the foregoing provisions it was error, under the pleadings and evidence, to enjoin the defendants from transferring, selling, or encumbering their real estate.

Judgment reversed.

All the Justices concur, except Gilbert, J., absent for providential cause.

Free access — add to your briefcase to read the full text and ask questions with AI

Atkinson, J.

“ Creditors without lien can not, as a general rule, enjoin their debtors from disposing of property, nor obtain-injunction or other extraordinary relief in equity.” Civil Code, § 5495. Irrespective of the question of whether there were valid grounds for rescission of the contract of January 10, 1919, applying the foregoing provisions it was error, under the pleadings and evidence, to enjoin the defendants from transferring, selling, or encumbering their real estate.

Judgment reversed.

All the Justices concur, except Gilbert, J., absent for providential cause.

Cite This Page — Counsel Stack

Bluebook (online)

103 S.E. 414, 150 Ga. 97, 1920 Ga. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackle-construction-co-v-smith-ga-1920.

Opinion

Related

Cite This Page — Counsel Stack