Legal Opinion

Johnson v. Lovelace

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 13 opinions

Claim, lies adjudicata. Evidence. Judgments. Before Joseph F. Pou, Esq., Judge jyro hac vice. Harris Superior Court. October Term, 1877. The following, taken in connection with the decision, sufficiently reports this case: Claimant moved for a new trial on the following among other grounds : 1. Because- the court admitted in evidence the record- of the former claim. 2. Because the court restricted claimant’s evidence to showing that he was not concluded by the former…

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Claim, lies adjudicata. Evidence. Judgments. Before Joseph F. Pou, Esq., Judge jyro hac vice. Harris Superior Court. October Term, 1877. The following, taken in connection with the decision, sufficiently reports this case: Claimant moved for a new trial on the following among other grounds : 1. Because- the court admitted in evidence the record- of the former claim. 2. Because the court restricted claimant’s evidence to showing that he was not concluded by the former judgment. 3. Because the court charged, in effect, that if the parties and property were the same, a judgment on one of the…

1Opinion of the Court

Warner, Chief Justice.

This was a claim case, on the trial of which the jury, under the charge of the court, found the .property subject to the fi. fa. levied thereon. A motion was made for a new trial on various grounds, which was overruled, and the claimant excepted. It appears from the evidence in the record that the plaintiff obtained two judgments against Isaac Johnson, the defendant, in Harris superior, court, at the same term of the cou rt, but for different amounts. Executions issued on these judgments, and both were levied on the same property of the defendant at the same time, and…

2Cases cited1 opinion

  1. Bradley v. JohnsonSupreme Court of Georgia · 1872

3Cited by13 opinions

  1. Prisant v. FeingoldSupreme Court of Georgia · 1930
  2. Irvin v. SpratlinSupreme Court of Georgia · 1906
  3. Scaife v. ScaifeSupreme Court of Georgia · 1910
  4. Kennedy v. McCarthySupreme Court of Georgia · 1884
  5. Halliday v. Bank of Stewart CountySupreme Court of Georgia · 1907

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