128 Ga. 169

Illinois Sewing Machine Company v. Whilden.

Submitted February 18,

Decided April 13, 1907.

Petition for injunction. Before Judge Parker. Coffee superior court. October 10, 1906.

Rogers & Heath, for plaintiff.

F. Willis Dart and Charles T. Roan, for defendant.

Beck, J.

1. This ease was brought under the trader’s act of 1881 (Civil Code, §2716). As'has been frequently ruled, this act is to be construed strictly; and to entitle creditors to the relief provided for therein, it must appear that the debtor was engaged in business as a trader at the time of the filing of the petition. Mercer v. Houston Guano Co., 95 Ga. 359.

2. It appearing, from the evidence, that the defendant, at the time of the filing of the plaintiff’s petition, had ceased to be a trader, the judge properly refused to grant an injunction and appoint a receiver.

Judgment affirmed.

Fish, G. J., absent. The other Justices concur.

Illinois Sewing Machine Co. v. Whilden
128 Ga. 169

Case Details

Name
Illinois Sewing Machine Co. v. Whilden
Decision Date
Apr 13, 1907
Citations

128 Ga. 169

Jurisdiction
Georgia

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