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Dixie Metal Products Company v. Jones et al.

Supreme Court of Georgia1926-10-15No. No. 5412
163 Ga. 70

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Beck, P. 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. Moreover, “Equity will not take cognizance of - a plain legal right, where an adequate and complete remedy is provided by law.” § 4538. Furthermore, “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.” § 5477. Applying the foregoing principles as they were applied in the cases of Cooleewahee Co. v. Sparks, 148 Ga. 211 (96 S. E. 131), and Coe Mfg. Co. v. D. & L. Bank, 160 Ga. 675 (128 S. E. 908), the court did not err in sustaining the demurrer to the petition. Judgment affirmed.

All the Justices concur.

A general demurrer was sustained, and error is assigned upon that judgment.

William P. Kennedy and Horace Bussell, for plaintiff.

L. J. Steele and B. B. Blackburn, for defendants.