Griggs v. Willbanks
Supreme Court of Georgia
Affidavit of illegality. Before Judge Wellborn. Habersham superior court. March term, 1894. Plaintiffs sued out a distress warrant for $350 claimed to be due for rent of a hotel and furniture. Defendant filed a counter-affidavit, and gave a bond for the eventual condemnation money, with Willbanks and others as-securities thereon.
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Affidavit of illegality. Before Judge Wellborn. Habersham superior court. March term, 1894. Plaintiffs sued out a distress warrant for $350 claimed to be due for rent of a hotel and furniture. Defendant filed a counter-affidavit, and gave a bond for the eventual condemnation money, with Willbanks and others as-securities thereon. The trial resulted in a verdict for the full amount claimed by plaintiffs, and judgment denying a new trial was reversed by the Supreme Court. 88 Ga. 232. When the case came on for trial in the superior court, counsel for defendant agreed with counsel for plaintiffs,…
1Opinion of the CourtSimmons, C. J.
The dismissal of a counter-affidavit to a distress-warrant leaves nothing to be tried, and the distress warrant at-once becomes again operative as final process. This being so, a verdict and judgment rendered upon a distress warrant against the defendant therein and the sureties on his bond for the eventual condemnation money, after the dismissal of the counter-affidavit, was void; and an illegality filed by the sureties to the enforcement, of an execution issued upon such judgment was rightly sustained. Habersham v. Eppinger, 61 Ga. 199; McCulloch v. Good, 63 Ga. 519; Anders v. Blount, 67…
2Cases cited4 opinions
- Habersham v. Eppinger & RussellSupreme Court of Georgia · 1878
- McCulloch v. Good, Small & Co.Supreme Court of Georgia · 1879
- Anders v. BlountSupreme Court of Georgia · 1881
- Girtman v. StanfordSupreme Court of Georgia · 1881
3Cited by15 opinions
- Andrews v. SimsCourt of Appeals of Georgia · 1921
- Kennedy v. MillerSupreme Court of Georgia · 1934
- West View Corp. v. Thunderbolt Yacht Basin Inc.Supreme Court of Georgia · 1951
- Withers v. Hopkins Place Savings BankSupreme Court of Georgia · 1898
- Gober v. BarryCourt of Appeals of Georgia · 1908
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