Padgett v. Ford
Supreme Court of Georgia
Attachment and claim — appeal. Before Judge Bennet. Coffee superior court. April 8, 1902. On January 26,1900, Padgett sued out an attachment for $100, against Parker, “for the purchase-money of a car-load of cross-ties.” The attachment was levied on the ties as the property of Parker. On February 5, Ford filed a claim to the property.
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Attachment and claim — appeal. Before Judge Bennet. Coffee superior court. April 8, 1902. On January 26,1900, Padgett sued out an attachment for $100, against Parker, “for the purchase-money of a car-load of cross-ties.” The attachment was levied on the ties as the property of Parker. On February 5, Ford filed a claim to the property. On the trial of the attachment case, March 22, Padgett recovered a judgment for $44.60, being the value of -the car-load of ties, “ to be satisfied out of said property,” and on the same day the claim case was heard, and the property found subject to the…
1Opinion of the CourtLamar, J.
The right to appeal is fixed by the pleadings, and not by the amount of final judgment. Where an attachment for .more than $50 is levied on property worth less than $50, and a claim thereto is filed, and judgment for less than $50 is rendered in favor of the plaintiff in attachment, and subsequently, on the trial of the claim case, the property is found subject to the attachment, the claimant may appeal to the superior court. Taylor v. Blasingame, 73 Ga. 112; Bell v. Davis, 93 Ga. 233 ; Civil Code, § 4453; Thurman v. Gargill, 54 Ga, 663.
Padgett furnished the timber. Parker was to cut, haul,…
2Cases cited8 opinions
- Thornton v. McDonaldSupreme Court of Georgia · 1899
- Cragg v. ArendaleSupreme Court of Georgia · 1901
- Appling v. OdomSupreme Court of Georgia · 1872
- J. A. Holifield & Co. v. WhiteSupreme Court of Georgia · 1874
- Jordan v. JonesSupreme Court of Georgia · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dawson National Bank v. Ward & GurrSupreme Court of Georgia · 1904
- Stokes v. WrightCourt of Appeals of Georgia · 1917
- Glisson v. BurkhalterCourt of Appeals of Georgia · 1923
- Brandon & Dreyer v. ConnerSupreme Court of Georgia · 1903
- Ellis, McKinnon & Brown v. HoppsCourt of Appeals of Georgia · 1923
10 more not listed; retrieve them via the Exa API.