Supreme Court of Georgia, 1907

Illinois Sewing Machine Co. v. Whilden

Illinois Sewing Machine Co. v. Whilden
Supreme Court of Georgia · Decided April 13, 1907 · Beck
128 Ga. 169; 57 S.E. 235; 1907 Ga. LEXIS 54

Illinois Sewing Machine Co. v. Whilden

Opinion of the Court

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.

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