Supreme Court of Georgia, 1928

Roberts v. Mitchell

Roberts v. Mitchell
Supreme Court of Georgia · Decided June 12, 1928 · Atkinson
166 Ga. 491; 143 S.E. 597; 1928 Ga. LEXIS 335

Roberts v. Mitchell

Opinion of the Court

Atkinson, J.

1. “Courts of equity shall have authority to appoint receivers to take possession of and protect trust or joint property and funds, whenever the danger of destruction and loss shall require such interference.” Civil Code (1910), § 5476.

2. “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.” Civil Code (1910), § 5477.

3. Under the pleadings and evidence in this case the judge did not err in refusing the appointment of a receiver.

Judgment affin-med.

All the Justices concur.

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