Legal Opinion

Waters v. Greenway Brothers & Co.

Supreme Court of Georgia

Decided April 15, 1855No. 97PublishedCited by 4 opinions

Rule, in Floyd Superior Court. Decided by Judge Tripp®, . December Term, 1854. A sum of $1100 had been raised by levy and sale, by order-of Court, under an attachment in favor of Fellows & Co. against A. J. Murray, of the goods and chattels of said Murray. The money was claimed bj fi. fas. of older date than the attachment in favor of Greenway Brothers & Co. and D. C. Hide & Co. against the firm of Burns & Murray, of which firm A. J. Murray was a party.

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Rule, in Floyd Superior Court. Decided by Judge Tripp®, . December Term, 1854. A sum of $1100 had been raised by levy and sale, by order-of Court, under an attachment in favor of Fellows & Co. against A. J. Murray, of the goods and chattels of said Murray. The money was claimed bj fi. fas. of older date than the attachment in favor of Greenway Brothers & Co. and D. C. Hide & Co. against the firm of Burns & Murray, of which firm A. J. Murray was a party. Tho Counsel of Fellows & Co. contended that they were entitled to five per cent, of the amount, for having raised and brought the money into…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] A large amount of money, to-wit: $1119, having been' raised under an attachment, at the instance of Fellows & Co.. against Andrew J. Murray, was brought into Court by the Sheriff and ordered to be paid over to executions of an older date, in favor of Greenway Brothers and Co. and D. C. Hide & Co. against Burns & Murray.

Before applying the fund to these prior liens, Counsel for-Fellows & Co. claimed to have their commissions allowed upon' *593the fund, but were refused by the Court, upon the ground, that as their client got no money, the…

2Cited by4 opinions

  1. Baxter v. BatesSupreme Court of Georgia · 1882
  2. City of Atlanta v. ScrewsSupreme Court of Georgia · 1942
  3. Mitchell v. Atkins & Co.Supreme Court of Georgia · 1883
  4. Johnston v. HigdonCourt of Appeals of Georgia · 1931

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