Bethune v. Barker
Supreme Court of Georgia
Claim, &c., in Muscogee Superior Court, July Term, 1853. Tried before Judge Iverson. The following proceedings were had in this cause : R. & Gr. Barker, plaintiffs in fi. fa.' vs. Moore & Tarver, defendant, and James N. Bethune and Ann E. McDougald, Adm’x, &c., Claimants.
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Claim, &c., in Muscogee Superior Court, July Term, 1853. Tried before Judge Iverson. The following proceedings were had in this cause : R. & Gr. Barker, plaintiffs in fi. fa.' vs. Moore & Tarver, defendant, and James N. Bethune and Ann E. McDougald, Adm’x, &c., Claimants. Claim, “ It appearing to the Court, that there has been a verdict of condemnation of the property levied on in the above case, from which an appeal was entered by the claimants; and it appearing further, that the claim in said case has been withdrawn by the claimants, and the plaintiffs in fi. fa. now in Court, offering to…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
[1.] This case turns entirely upon the question, whether or not this claim, entered by McDougald & Bethune, had been withdrawn.
On the 16th of May, 1849, an entry was made to this ef*696feet, upon the records of the Court below. And this entry would be conclusive, were it not that it is contradicted by other portions of the record.
In the case of Attaway vs. Dyer, (8 Ga. 184,) it was decided by this Court, that in a claim case, after a verdict in favor of plaintiffs, and on appeal, the claim could not be dismissed by the claimants, without the consent…
2Cases cited1 opinion
- Attaway v. DyerSupreme Court of Georgia · 1850