Hillyer v. Brogden
Supreme Court of Georgia
Principal arid Agent. Possessory Warrants. Before Judge FLEMING. ■ Chatham Superior Court. December Term, 1880. Mrs. Brogden, by her agent, William F. Brogden, sued out a possessory warrant against C. V. Hillyer before a justice of the peace to recover a certain United States treasury draft drawn in her favor.
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Principal arid Agent. Possessory Warrants. Before Judge FLEMING. ■ Chatham Superior Court. December Term, 1880. Mrs. Brogden, by her agent, William F. Brogden, sued out a possessory warrant against C. V. Hillyer before a justice of the peace to recover a certain United States treasury draft drawn in her favor. At the trial the evidence for the plaintiff was, in brief, as follows : Mrs. Brogden had a claim against the United States government for property taken by the federal army. She presented her claim before Virgil Hillyer, a claim commissioner. She never had any contract with C. V.…
1Opinion of the Court
Jackson, Chief Justice.
The superior court on certiorari affirmed the judgment of the justice of the peace, awarding to the plaintiff below a draft which the defendant had in possession, and error is assigned here on that judgment.
1. The proceeding had was a possessory warrant, and the point on which the plaintiff in error mainly relies is, that defendant in error never had such possession of the draft as to authorize this remedy.
There can be no doubt that prior possession in the plaintiff in such a proceeding must appear; because the statute so, in effect, declares, and the decisions of this…
2Cases cited3 opinions
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- Roe v. Doe ex dem. MorrisonSupreme Court of Georgia · 1860
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