Loewenherz v. Merchants & Mechanics Bank
Supreme Court of Georgia
Claim. Before L. C. Slade, judge pro hac vice. Muscogee superior court. August 12, 1914. A fi. fa. in favor of Merchants and Mechanics Bank against H. M. Mooty was levied upon certain real estate in the City of Columbus, as the property of the defendant in fi. fa.; and Leo Loewenherz interposed his claim, to the property.' When the case came on for trial the plaintiff tendered issue, and set up specifically certain grounds upon which it claimed the property was subject.
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Claim. Before L. C. Slade, judge pro hac vice. Muscogee superior court. August 12, 1914. A fi. fa. in favor of Merchants and Mechanics Bank against H. M. Mooty was levied upon certain real estate in the City of Columbus, as the property of the defendant in fi. fa.; and Leo Loewenherz interposed his claim, to the property.' When the case came on for trial the plaintiff tendered issue, and set up specifically certain grounds upon which it claimed the property was subject. They were in substance as follows: First, that while the defendant in fi. fa. had.executed a deed of conveyance to the…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1-4. The rulings made in the first four headnotes require no elaboration.
5. We think the court erred in admitting the rule nisi in the contempt ease and the answer thereto. No person shall be compelled to give testimony tending in any manner to criminate himself. Constitution of Georgia, art. 1, sec. 1, par. 6 (Civil Code, § 6362).
When the claimant in this case declined to answer the questions set forth above, he was merely claiming and availing himself of the privilege guaranteed in the clause of the constitution quoted; and this privilege is a real…
2Cases cited2 opinions
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