Allen v. Allen
| Decision Date | 11 September 1944 |
| Docket Number | 14942. |
| Citation | 31 S.E.2d 481,198 Ga. 267 |
| Parties | ALLEN v. ALLEN. |
| Court | Georgia Supreme Court |
To the writ of error, filed by Mrs. E. W. Allen in the instant case, the defendant in error, E. W. Allen, filed his motion to dismiss on the following grounds: On June 9, 1942 [1944?] Mrs. Allen filed in Fulton superior court a petition for receiver against E. W. Allen et al., in a case numbered 147282, in which petition she claimed to be the owner of a judgment lien against E. W. Allen by virtue of the following decree of said court rendered on February 4, 1944, in suit numbered 136606: 'The jury having rendered a verdict finding in favor of the plaintiff [Mrs. Allen] and against the defendant [E. W. Allen] in the sum of $3,917.78, it is ordered, considered, and adjudged, that the plaintiff have and recover of defendant said sum of $3,917.78 principal, together with interest thereon from November 24 1917, to this day in the sum of $7,184.86, with future interest on said principal sum at the rate of seven per cent. (7%) per annum.' She further alleged in her petition that the printing machine and equipment, the East Point lot, and the one-half undivided interest in the DeKalb County property are not sufficient in market value to pay said decrees in favor of the petitioner against the defendant. Among the prayers of her petition was one that a receiver be appointed for E. W. Allen, and be directed to take possession of any and all assets of Allen which can be reduced to possession; that the defendants hold any stock acquired by them from Allen, which may stand in their names or be claimed by them in trust for Mrs. Allen, for the purpose of satisfying said judgments and decrees; that any and all assets impounded be administered for the benefit of petitioner and any and all creditors of the defendant Allen in accordance with rank and priority as may be established by law; that the court trace all of Allen's assets of every kind into whatever person, firm, or corporation the same have been transferred since November 29, 1941, and administer the same by the receiver for the use and benefit of the petitioner; and that she have such other and further relief as the court deems meet and proper.
Based upon that petition, the court passed an order with reference to the receiver as follows: 'It is ordered that E. E. Phillips, Esq., be appointed receiver of any and all assets of E. W. Allen under bond of $5,000.00.'
The movant shows that the...
To continue reading
Request your trial
-
Almack v. Steeley, 100
...188 S.E. 50; Owens v. Read Phosphate Co., 115 Ga. 768, 42 S.E. 62; Coley v. Coley, 128 Ga. 654, 655[1], 58 S.E. 205.”); Allen v. Allen, 198 Ga. 267, 31 S.E.2d 481 (1944) (appointment of receiver waived right of appeal). Several Kansas cases bring us in line with this minority view. First, w......
-
Thompson v. Thompson
... ... as contained in the same judgment. Owens v. Read ... Phosphate Co., 115 Ga. 768, 42 S.E. 62; Allen v ... Allen, 198 Ga. 267, 31 S.E.2d 481; Stallings v ... Shell Petroleum Corporation, 54 Ga.App. 359(2), 188 S.E ... 50; Kent v. United ... ...
- Peoples Loan Co. v. Allen
-
Tunnelite, Inc. v. Estate of Sims
...and enforcement as a judgment of the court in which it is filed. 13. Supra. 14. See OCGA § 9-12-80 et seq. 15. Allen v. Allen, 198 Ga. 267, 31 S.E.2d 481 (1944); J & F Car Care Svc. v. Russell Corp., 166 Ga.App. 888, 305 S.E.2d 504 16. See OCGA § 9-3-25. 17. See generally Riggio v. Lawson, ......