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161 Ga. 732

Haygood v. King

Supreme Court of Georgia

Decided February 11, 1926

Supreme Court of Georgia · decided 1926-02-11

Relies on Watkins v. Angier

Good law ✅— No negative treatment on recordhow we know

Decided 1926-02-11

How this case has been cited

Cited by 4 later decisions — most recently June 1981

3 state decisions

201926193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Atkinson, J.

¶11. Ail appeal from a judgment of a justice’s court suspends but does not vacate the judgment. The judgment remains operative with all of its incidents, save in so far as it is incapable of enforcement pending the appeal. Civil Code (1910)., § 5015; Watkins v. Angier, 99 Ga. 519 (27 S. E. 718). Accordingly a creditor having a justice’s court judgment from which an appeal has been taken, and who is other - .wise entitled to injunctive relief, does not come within the provisions of the Civil Code, § 5495, which inhibits creditors without lien, as a general rule, from enjoining their debtors from disposing of property.

*733No. 4690.February 11, 1926.John I, Kelley, for plaintiff in error. W. L. Nix, contra.

¶22. In the light of the admissions in the answer, the defendant did not invoke application of the principle that resort to equity can not be had where there is an adequate remedy at law.

¶33. On the facts of the case the judge did not err in granting the temporary injunction. Judgment affirmed.

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