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Call Now: 904-383-7448Creditors' petitions may be filed at the instance of any creditor, the privilege being extended to all to appear and become parties within a reasonable time.
(Orig. Code 1863, § 3079; Code 1868, § 3091; Code 1873, § 3148; Code 1882, § 3148; Civil Code 1895, § 4003; Civil Code 1910, § 4600; Code 1933, § 37-407.)
This section does not confine the right to bring a creditor's petition to instances where one has a lien, or has reduced the claim to judgment. Stephens v. Whitehead, 75 Ga. 294 (1885); Steele Lumber Co. v. Laurens Lumber Co., 98 Ga. 329, 24 S.E. 755 (1896).
The nature of a creditors' petition is a proceeding in rem, and any person in interest may come in before disposition of the fund. Minnehan & Hazlehurst v. Brunswick & A.R.R., 52 Ga. 248 (1874).
But the burden is upon the creditor to contradict the priorities as arranged in the decree. Gray v. Perry, 51 Ga. 180 (1874).
An exemption set apart to a bankrupt may be reached by creditors holding notes containing waivers of exemption. Peppers v. Cauthen, 143 Ga. 229, 84 S.E. 477 (1915).
- An assignment by a bank of its effects to which the creditors are not parties or consenting, cannot deprive them of the right to maintain a petition, under this section. Schley v. Dixon, 24 Ga. 273, 71 Am. Dec. 121 (1858).
Creditors of an insolvent corporation may unite in the same petition to charge the stockholders, who were also directors, for fraudulently abstracting the capital stock of the bank. Semmes v. Mott, 27 Ga. 92 (1859).
A decree that the debtor's money be paid into court will follow where a defendant in a creditors' petition admits that he has such funds. Rutherford v. Jones, 26 Ga. 150 (1858).
Prior to the decree, the defendant may tender satisfaction and compel the creditor to accept it. McDougald v. Dougherty, 11 Ga. 570 (1852).
Cited in Martin v. Tidwell, 36 Ga. 332 (1867); Albany & Renssellaer Iron & Steel Co. v. Southern Agric. Works, 76 Ga. 135, 2 Am. St. R. 26 (1886); Hardy v. Hardy, 143 Ga. 703, 86 S.E. 780 (1915); Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191 (1937); J.B. Withers Cigar Co. v. Kirkpatrick, 196 Ga. 41, 26 S.E.2d 255 (1943); Turner v. Tyson, 211 Ga. 53, 84 S.E.2d 86 (1954).
- 21 Am. Jur. 2d, Creditors' Bills, § 3 et seq.
- 21 C.J.S., Creditors' Suits, §§ 37, 53.
No results found for Georgia Code 23-2-95.