Lamb & Mathis v. Radcliff

Decided June 15, 1859

Supreme Court of Georgia · decided 1859-06-15

Certiorari. Tried before Judge Worrill, Taylor Superior Court, March Term, 1859. George W. Radcliff brought suit in the Justiees’ Court of the 807th district G. M., against James L. Brasington, and garnisheed Lamb & Mathis, partners, and one David Golden. The garnishees answered, denying that they had any effects of Brasington in their hands.

Decided 1859-06-15

¶1By the Court.

Lumpkin, J.,

¶2delivering the opinion.

¶3We are unable to distinguish this, from, the cases of Norton vs. Cobb, (20 Ga. Rep., 44,) and Watkins vs. Jenks & Ogden, (24 Ga. Rep., 431). This transfer, like the two in those cases, is an. assignment in trust to a certain preferred creditor by an insolvent debtor; the very thing prohibited by the act of 1818.

¶4Judgment affirmed.

¶5Judge Stephens absent, on account of the illness of one of his children.