Legal Opinion

Braswell & Son v. McDaniel

Supreme Court of Georgia

Decided September 9, 1884PublishedCited by 6 opinions

Homestead. Torts. Parties. Parent and Child. Husband and Wife. Trover. Practice in Supreme Court. Before Judge Estes. Gwinnett Superior Court.

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Homestead. Torts. Parties. Parent and Child. Husband and Wife. Trover. Practice in Supreme Court. Before Judge Estes. Gwinnett Superior Court. September Adjourned Term, 1883. ■ George W. McDaniel, “ who sues for the use of his wife, Mary McDaniel,” brought trover in the statutory form against E. L. Braswell & Son for seventy bushels of corn of the value of $105.00. On the trial, the evidence showed, in brief, as follows;. On November 21, 1881, defendants sued out an attachment against McDaniel, and it was levied, among other things, upon fifty bushels of corn. On November 24, 1881, McDaniel…

1Opinion of the Court

Jackson, Chief Justice.

This was an action of trover brought by McDaniel against Braswell & Son for the recovery of corn exempted by the plaintiff under section 2040 et seq. of the Code. Under the charge, a verdict was returned for the plaintiff, a new trial denied, and on that denial error is assigned.

*3231. This exemption, now found in section 2040 et seq. of the Code, originated in the act of 1822, and has now become a part of the constitution of 1877. In 13 Ga., 302, this court held that no form was necessary to procure such an exemption, which holding has never been disturbed since, so far as…

2Cases cited4 opinions

  1. Wilder & Son v. FrederickSupreme Court of Georgia · 1881
  2. Robinson v. McDonaldSupreme Court of Georgia · 1847
  3. Zellers v. BeckmanSupreme Court of Georgia · 1880
  4. Mayor of Rome v. DickersonSupreme Court of Georgia · 1853

3Cited by6 opinions

  1. Ocean Steamship Co. v. Southern States Naval Stores Co.Supreme Court of Georgia · 1916
  2. Hughes v. PurcellSupreme Court of Georgia · 1910
  3. McNair v. FortnerSupreme Court of Georgia · 1920
  4. Walton v. HendersonCourt of Appeals of Georgia · 1908
  5. Ecker v. LindskogSouth Dakota Supreme Court · 1900

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