Erwin v. Moore
Supreme Court of Georgia
Motion, in Cass Superior Court. Decided by Judge John H. Lumpkin, March Term, 1854. This was a motion to distribute money in the Sheriff’s hands. An attachment, at the instance of Erwin, was levied upon the effects of John A. Williams, on 7th December, 1853. Another attachment, in favor of Beach, and one in favor of Farrar & Brothers, were levied the same day. On the 9th of December, 1853, one in favor of Nancy Frix, on a note for rent, was levied on the same effects.
Read the full summary
Motion, in Cass Superior Court. Decided by Judge John H. Lumpkin, March Term, 1854. This was a motion to distribute money in the Sheriff’s hands. An attachment, at the instance of Erwin, was levied upon the effects of John A. Williams, on 7th December, 1853. Another attachment, in favor of Beach, and one in favor of Farrar & Brothers, were levied the same day. On the 9th of December, 1853, one in favor of Nancy Frix, on a note for rent, was levied on the same effects. All of these attachments were returnable to the March Term, 1854, of Cass Superior Court. At that term, Nancy Frix obtained…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
*363 By the Court.
Starnes, J.
The 26th section of our Judiciary Act of 1799 provided, that “all the property of the party, against whom a verdict shall be entered, shall be bound, from the signing of the first judgment, except where several judgments shall be of equal date, when the first execution delivered to the Sheriff, shall be first satisfied”.
Under the effect of this provision, the lien of judgments, in all cases, as well as thoso in which attachments had issued, as others, took date from the signing of the judgment, or from…
2Cases cited4 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Beall v. HarwoodCourt of Appeals of Maryland · 1806
- Runnells v. StateMississippi Supreme Court · 1823
3Cited by56 opinions
- City of Jesup v. BennettSupreme Court of Georgia · 1970
- Ford Motor Co. v. AbercrombieSupreme Court of Georgia · 1950
- Barton v. AtkinsonSupreme Court of Georgia · 1972
- Brownlee v. WilliamsSupreme Court of Georgia · 1975
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
51 more not listed; retrieve them via the Exa API.