Supreme Court of Georgia, 1920

Mackle Construction Co. v. Smith

Supreme Court of Georgia · Decided April 14, 1920 · Atkinson

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

Cases that cite this one

1 later published case cites this decision.

Fullerton Cotton Mills Inc. v. Butler (Ga. 1951)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.