Legal Opinion

Stowers v. Mathews

Supreme Court of Georgia

Decided April 27, 1896PublishedCited by 10 opinions

Levy and claim. Before Judge Hutchins. Hart superior court. September term, 1894.

1Opinion of the Court

Lumpkin, Justice.

In the case of Wheeler & Wilson Manufacturing Co. v. Christopher, 68 Ga. 635, this court decided that where a proceeding to> set apart a homestead was void as to' a particular creditor for want of notice to him, the head of the family could make a new application, give this creditor notice, and have the property set apart 'as against him. This decision was properly based upon the ground that, as the creditor in question was not estopped by the judgment rendered in the first proceeding, the family of the debtor were not concluded by it, and had the right to begin de novo as to…

2Cases cited1 opinion

  1. Wheeler & Wilson Manufacturing Co. v. ChristopherSupreme Court of Georgia · 1882

3Cited by10 opinions

  1. Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
  2. Barton v. AtkinsonSupreme Court of Georgia · 1972
  3. Slaten v. Travelers Insurance CompanySupreme Court of Georgia · 1943
  4. Forrester v. Continental Gin Co.Court of Appeals of Georgia · 1942
  5. Howard v. City of AtlantaSupreme Court of Georgia · 1940

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