Willbanks v. Untriner
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Haber-sham superior court. September term, 1895. On July 15, August 19, and November 18, 1891, judgments were rendered against Mrs. Hntriner in favor of the Gibbs Drug Oo., Mauck and Edwards, for the principal sums of $36.50, $38.56, and $38.35, besides interest and costs on each.
Read the full summary
Equitable petition. Before Judge Kimsey. Haber-sham superior court. September term, 1895. On July 15, August 19, and November 18, 1891, judgments were rendered against Mrs. Hntriner in favor of the Gibbs Drug Oo., Mauck and Edwards, for the principal sums of $36.50, $38.56, and $38.35, besides interest and costs on each. On May 27 and June 1, 1895, the executions issued from these judgments were levied by a constable on a house and lot in Toccoa, the constable having previously made an entry on each execution, of “search made and no personal property found on which to levy this fi. fa.” The…
1Opinion of the Court
Lumpkin, Justice.
The nature of this case will be gathered from the official report.
1. Epon the question that the overruling of a demurrer to a declaration is not a proper ground of a motion for a *806new trial, see: Griffin v. The Justices, 17 Ga. 96; De Barry-Baya Merchants’ Line v. Austin, 76 Ga. 306; Rogers, adm’r, v. Rogers et al., 78 Ga. 688; Nicholls et al. v. Popwell, 80 Ga. 604. The same thing is true as to a demurrer to an indictment: Flemister v. The State, 81 Ga. 768; Robson v. The State, 83 Ga. 166. These are only instances of the many decisions of this court relating to this matter,…
2Cases cited7 opinions
- Robson v. StateSupreme Court of Georgia · 1889
- Nicholls v. PopwellSupreme Court of Georgia · 1888
- Rogers v. RogersSupreme Court of Georgia · 1887
- Flemister v. StateSupreme Court of Georgia · 1888
- Griffin v. Justices of the Inferior CourtSupreme Court of Georgia · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Tower Financial Services, Inc. v. SmithCourt of Appeals of Georgia · 1992
- Brooke & Co. v. Cunningham Bros.Court of Appeals of Georgia · 1916
- Little v. Fleet FinanceCourt of Appeals of Georgia · 1997
- Adcock v. BerrySupreme Court of Georgia · 1942
18 more not listed; retrieve them via the Exa API.