Howell v. Mathieson
Supreme Court of Georgia
Equitable petition. Before Judge Hill. Fulton superior court. July 19, 1916. Morgan Howell brought his petition against George Mathieson ct al., alleging, that on May 16, 1916, petitioner obtained a judgment against Henry Boyd for. a stated sum, upon which execution had issued, upon which nulla bona had been duly entered; that Mathieson, chief of police of Pulton County, had in his possession a quantity of whisky of the value of $900, which belonged to Henry Boyd; that…
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Equitable petition. Before Judge Hill. Fulton superior court. July 19, 1916. Morgan Howell brought his petition against George Mathieson ct al., alleging, that on May 16, 1916, petitioner obtained a judgment against Henry Boyd for. a stated sum, upon which execution had issued, upon which nulla bona had been duly entered; that Mathieson, chief of police of Pulton County, had in his possession a quantity of whisky of the value of $900, which belonged to Henry Boyd; that plaintiff had asked Mathieson and one of his deputies to levy the execution on the whisky, which they declined to do, on the…
1Opinion of the CourtBeck, J.
(After stating the facts.) There' was no error in sustaining the general demurrer. The' equitable relief sought could -not. be granted under the facts alleged. No receiver appointed by the court could have handled,'transported, or sold the whisky alleged to be the property of Boyd, the defendant in fi. fa. The ruling in the ease of Fears v. State, 102 Ga. 274 (29 S. E. 463), is not applicable under the facts of this case, in view of the provisions of the prohibition law of the State as it has existed since the passage, at the extraordinary session of the legislature in 1915, of the acts…
2Cases cited2 opinions
- Fears v. StateSupreme Court of Georgia · 1897
- Delaney v. PlunkettSupreme Court of Georgia · 1917
3Cited by4 opinions
- Mack v. WestbrookSupreme Court of Georgia · 1919
- Brooks v. United StatesCourt of Appeals for the Fifth Circuit · 1935
- Windham v. HarmonCourt of Appeals of Georgia · 1935
- Williams v. SnellingCourt of Appeals of Georgia · 1944