Bowden v. Taylor
Supreme Court of Georgia
Justice courts. Jurisdiction. Forthcoming bond. Evidence. Practice.' Before Judge Richard . II. Clark. Dekalb superior court. August term, 1887. On October 7th, 1884, a fi.fa. from a justice’s court, in favor of “ Grafflin, treasurer,” against W. T, Bowden and A. C. Bowden, was levied by J. II. Taylor, L. C., upon certain corn, fodder and cotton, the levy not stating to whom the property belonged.
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Justice courts. Jurisdiction. Forthcoming bond. Evidence. Practice.' Before Judge Richard . II. Clark. Dekalb superior court. August term, 1887. On October 7th, 1884, a fi.fa. from a justice’s court, in favor of “ Grafflin, treasurer,” against W. T, Bowden and A. C. Bowden, was levied by J. II. Taylor, L. C., upon certain corn, fodder and cotton, the levy not stating to whom the property belonged. A. C. Bowden interposed an affidavit of illegality, and gave a forthcoming bond in the penalty of $300-, payable to the levying officer, with F. M. Clayton as surety. The bond recited the levy in…
1Opinion of the Court
Simmons, Justice.
1. It will be seen, by reference to the report of this case, that four points were insisted on in the certiorari in the court below, for a reversal of the judgment of the magistrate. An execution had been issued and illegality filed by the plaintiffs in certiorari (the plaintiffs in error here), and a forthcoming bond for the amount of $300 given. The illegality, as claimed, having been dismissed, suit was brought in the justice’s court on the forthcoming bond. The first point made is, that the magistrate had no jurisdiction, because the bond was for $300 in amount. A motion…
2Cases cited1 opinion
- Bigham v. ColemanSupreme Court of Georgia · 1883
3Cited by19 opinions
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- Jennings v. StriplingSupreme Court of Georgia · 1907
- Odell v. DozierSupreme Court of Georgia · 1898
- Oppenheimer v. ReganMontana Supreme Court · 1905
- Pressley v. StateSupreme Court of Georgia · 1949
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