Ragan v. Standard Scale Co.
Supreme Court of Georgia
Levy and claim. Before Judge Hamilton. City court of Floyd county. September 20, 1904. A mortgage fi. fa. in favor of R. J. Ragan against Lester Corley was levied on certain personal property, and a claim was interposed thereto by the Standard Scale Company. The claim was returned to the city court of Floyd county.
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Levy and claim. Before Judge Hamilton. City court of Floyd county. September 20, 1904. A mortgage fi. fa. in favor of R. J. Ragan against Lester Corley was levied on certain personal property, and a claim was interposed thereto by the Standard Scale Company. The claim was returned to the city court of Floyd county. The claimant filed an equitable amendment to his claim, alleging, in brief, as follows: On May 26, 1902, Corley executed and delivered to the Exchange Bank of Rome three notes for the principal sum of $80 each, and to secure them executed a mortgage to the bank, covering the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) The claimant in this case made an amendment to its claim, in which it sought affirmative equitable relief. The judge of the city court by his judgment sought to grant it. A city court in this State is without jurisdiction to grant such relief. English v. Thorn, 96 Ga. 557; Fowler v. Preferred Accident Insurance Co., 100 Ga. 330, 334; Moore v. Medlock, 101 Ga. 100; Hecht v. Snook & Austin Furniture Co., 114 Ga. 921. In the present case the parties appear to have proceeded before the judge of the city court by agreement. “Consent of parties, however, can not give a…
2Cases cited5 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- Smith v. FerrarioSupreme Court of Georgia · 1898
- Fowler v. Preferred Accident InsuranceSupreme Court of Georgia · 1897
- Moore, Marsh & Co. v. MedlockSupreme Court of Georgia · 1897
- English & Co. v. ThornSupreme Court of Georgia · 1895
3Cited by19 opinions
- House v. OliverSupreme Court of Georgia · 1905
- Kantzipper v. KantzipperSupreme Court of Georgia · 1934
- Butler v. HolmesSupreme Court of Georgia · 1907
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
- Cornett v. AultSupreme Court of Georgia · 1906
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