Greenwood v. Boyd & Baxter Furniture Factory
Supreme Court of Georgia
Certiorari. Practice. Debtor and creditor. Garnishment. Title. Before Judge Miller. Bibb superior court. November term, 1889. On February 29, 1888, the plaintiff sued out an attachment against M. Greenwood for an indebtedness of $81.74, and on March 1st the attachment was levied by service of a summons of garnishment upon certain insurance agents, who answered that the Fire Insurance Company of London, which they represented, owed M. Greenwood $133.05 under the terms of a…
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Certiorari. Practice. Debtor and creditor. Garnishment. Title. Before Judge Miller. Bibb superior court. November term, 1889. On February 29, 1888, the plaintiff sued out an attachment against M. Greenwood for an indebtedness of $81.74, and on March 1st the attachment was levied by service of a summons of garnishment upon certain insurance agents, who answered that the Fire Insurance Company of London, which they represented, owed M. Greenwood $133.05 under the terms of a policy in said company and an adjustment made by the proper authorities, and that the amount would he due on March 22,…
1Opinion of the Court
Lumpkin, Justice.
1. Repeated adjudications of this court have settled the-law as to when the judgment of justices’ courts may be reviewed by certiorari. In all cases, where only questions of law are to be determined by the superior court, the remedy may be by that writ. Where facts are in dispute, there should be an appeal, either to a j ury in the justice’s court, or to the superior court. In the case at bar, there was a contest in the j ustice’s court between the plaintiff in attachment and the claimant, as to which was entitled to the proceeds of a fire insurance policy, issued to the…
2Cases cited4 opinions
- Turk v. CookSupreme Court of Georgia · 1879
- Goodman v. HendersonSupreme Court of Georgia · 1877
- Cruse v. Southern Express Co.Supreme Court of Georgia · 1883
- Bostick v. Palmer & DeppishSupreme Court of Georgia · 1887
3Cited by7 opinions
- Royal v. McPhailSupreme Court of Georgia · 1895
- Young v. BroylesCourt of Appeals of Georgia · 1915
- King v. TylerCourt of Appeals of Georgia · 1978
- Grimsley v. AlexanderSupreme Court of Georgia · 1898
- Ederheimer, Stein & Co. v. CarsonCourt of Appeals of Georgia · 1914
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