McDonald v. Farmers Supply Co.
Supreme Court of Georgia
Illegality of execution. Before Judge Daniel. Upson superior court. May 5, 1914. An issue upon an affidavit of illegality was submitted to the presiding judge, without the intervention of a jury, upon the following statement of facts: “That at the February term of the justice’s court in and for the 588th District G. M., Upson county, held on the 15th clay of February, 1913, there was pending in said court the case of the Farmers Supply Company against C. J. McDonald,…
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Illegality of execution. Before Judge Daniel. Upson superior court. May 5, 1914. An issue upon an affidavit of illegality was submitted to the presiding judge, without the intervention of a jury, upon the following statement of facts: “That at the February term of the justice’s court in and for the 588th District G. M., Upson county, held on the 15th clay of February, 1913, there was pending in said court the case of the Farmers Supply Company against C. J. McDonald, principal, and L. T. Matthews, security, the same being a suit on account. That, further, the weather on said court day being…
1Opinion of the CourtLumpkin, J.
At the time when a case in a justice’s court came on for trial, the weather was cold and no provision had been made for heating the lawfully appointed place for holding court. By agreement court was held in a house in the same town, about fifty yards from the regular place for holding court. From the verdict a certiorari was sued out. No point was raised as to the place where the justice’s court was held. On the 'hearing a judgment was rendered, declaring that the certiorari was “refused,” and a judgment was entered on the certiorari bond. A fi. fa. was issued and levied, and an affidavit of…
2Cases cited16 opinions
- Sawyer v. City of BlakelyCourt of Appeals of Georgia · 1907
- Wright v. DavisSupreme Court of Georgia · 1904
- Bass v. City of MilledgevilleSupreme Court of Georgia · 1905
- Pope v. JonesSupreme Court of Georgia · 1888
- Levadas v. BeachSupreme Court of Georgia · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1944
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Griggs v. City of MaconSupreme Court of Georgia · 1922
- Forbes v. Mayor of SavannahSupreme Court of Georgia · 1925
- Cross v. FooteCourt of Appeals of Georgia · 1916
12 more not listed; retrieve them via the Exa API.