Price v. Bradford
Supreme Court of Georgia
Motion to distribute money, in Crawford Superior Court. Decided by Judge Floyd, February Term, 1848. The question in this cause arose upon a motion to distribute money in the Sheriff’s hands between different jifas. claiming the same. Certain fi.fas. which had been twice transferred, were ruled out by the Court, the Court holding that the second transfer amounted to a payment. This decision was excepted to, and is now alleged to be erroneous.
1Opinion of the Court
By the Court.
Nisbet, J.,
delivering the opinion.
[1.] The presiding Judge held, in this case, that under the Act of 1829, the first assignee of a judgment has no authority to transfer it to a third person for valuó, and if he does, it is a payment, and the judgment “functus officio." We entertain a different opinion, and reverse the decision. To a proper construction of the Act of 1829, it becomes necessary to enquire how stood the Common Law before its passage.
A chose in action was not assignable at Common Law, so as to transfer the legal title. But the interest in a chose was assignable. And…
2Cases cited5 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Partridge v. GordonMassachusetts Supreme Judicial Court · 1819
- Wier v. BushCourt of Appeals of Kentucky · 1823
3Cited by9 opinions
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- State Board of Education v. County Board of EducationSupreme Court of Georgia · 1940
- Smith & Co. v. EvansSupreme Court of Georgia · 1906
- Scott v. Mayor of Mount AirySupreme Court of Georgia · 1938
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
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