Hadden v. Larned
Supreme Court of Georgia
Claim. Pleadings. Practice. Evidence. Amendment. Deeds. Record. Interest. Charge of court. Ratification. Notice. Principal and agent. Estoppel. Husband and wife. Before Judge Hines. Screven superior court. November'term, 1890. Claim was interposed by Mrs. Hadden to the levy of an execution against her husband and in favor of Darned. The property was found subject, and her motion for a new trial was overruled.
Read the full summary
Claim. Pleadings. Practice. Evidence. Amendment. Deeds. Record. Interest. Charge of court. Ratification. Notice. Principal and agent. Estoppel. Husband and wife. Before Judge Hines. Screven superior court. November'term, 1890. Claim was interposed by Mrs. Hadden to the levy of an execution against her husband and in favor of Darned. The property was found subject, and her motion for a new trial was overruled. The facts of the case and the grounds of the motion being sufficiently indicated by the decision, it is only necessary to add the charges given and refused, which formed grounds 11-15: <…
1Opinion of the Court
Bleckley, Chief Justice.
1. In the trial of a case in which property has been levied upon as that of the defendant in execution, and a third person has intervened as claimant, the claim affidavit, expressed in the usual form, is generally the only pleading necessary to admit whatever evidence the claimant may have to offer to uphold his or her own title, or to disparage that of the defendant as a competing title. Here this privilege was allowed in its full extent, and consequently, whether the affidavit was amendable or not, in the manner proposed, the refusal to allow the amendment worked no…
2Cases cited15 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Boyd v. . De La MontagnieNew York Court of Appeals · 1878
- Merck v. American Freehold Land Mortgage Co. of London, Ltd.Supreme Court of Georgia · 1887
- Waddell v. LanierSupreme Court of Alabama · 1878
- Smyley v. ReeseSupreme Court of Alabama · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boyd Lumber Co. v. MillsSupreme Court of Georgia · 1917
- Collier v. Bank of TupeloSupreme Court of Georgia · 1940
- Third National Bank v. PoeCourt of Appeals of Georgia · 1908
- Dodge v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1899
- Smith v. FrancisSupreme Court of Georgia · 1965
13 more not listed; retrieve them via the Exa API.