Maddox v. Witte
Supreme Court of Georgia
Certiorari. Before Judge Lumpkin. Fulton superior ■court. September term, 1895. On September 14, 1894, Witte obtained judgment against Hardee in a justice’s court, and thereupon an execution was issued October 1, 1894, which, on October 9, 1894, was levied by a constable upon a horse and wagon, and the same was advertised to be sold on October 22, 1894. On October 10th a forthcoming bond was executed and delivered to the ■constable by Hardee and J. J. & J. E. Maddox as…
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Certiorari. Before Judge Lumpkin. Fulton superior ■court. September term, 1895. On September 14, 1894, Witte obtained judgment against Hardee in a justice’s court, and thereupon an execution was issued October 1, 1894, which, on October 9, 1894, was levied by a constable upon a horse and wagon, and the same was advertised to be sold on October 22, 1894. On October 10th a forthcoming bond was executed and delivered to the ■constable by Hardee and J. J. & J. E. Maddox as principals; whereupon the property under levy was delivered into their possession. Ho claim affidavit or claim bond was…
1Opinion of the CourtSimmons, C. J.
Where a claim case in a justice’s court was dismissed by the justice because the claim was not filed in time, it appearing without contradiction tha/t the claim was filed ■after the time t'he property was to have been sold according to ithe advertisement of the constable, certiorari and not appeal was the remedy for the claimant. Small v. Sparks, 69 Ga. 745; Rogers v. Bennett, 78 Ga. 707; Hall v. Carlisle, 92 Ga. 318.
Judgment affirmed.
All the Justices concurring. Maddox & Terrell, for plaintiffs in error. G. B. Reynolds, contra.
2Cases cited2 opinions
- Rogers v. BennettSupreme Court of Georgia · 1887
- Hall v. CarlisleSupreme Court of Georgia · 1893
3Cited by4 opinions
- Humphries v. BlalockSupreme Court of Georgia · 1897
- Hollis v. DosterSupreme Court of Georgia · 1901
- Dahlonega Chevrolet Co. v. TateCourt of Appeals of Georgia · 1932
- Wage Earners Real Estate Co. v. GauldenCourt of Appeals of Georgia · 1931