Hixon v. Callaway
Court of Appeals of Georgia
Rule, from city court of Washington — -Judge Hardeman. April 20, 1908. This was a rule brought against the sheriff, calling upon him to-show cause why he had not levied a fi. fa., placed in his hands, on certain personal property of the defendant, pointed out by the attorney for the plaintiff in fi. fa.
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Rule, from city court of Washington — -Judge Hardeman. April 20, 1908. This was a rule brought against the sheriff, calling upon him to-show cause why he had not levied a fi. fa., placed in his hands, on certain personal property of the defendant, pointed out by the attorney for the plaintiff in fi. fa. On the first trial of the case-the respondent set up in defense a general denial of the allegations-contained in the petition for the rule, and also a special defense, that the property of the defendant in fi. fa. was subject to a bill of sale which was superior to the lien of the movant’s fi.…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. Where the judgment of the lower court is reversed and a new trial is granted, all the questions in the case, except those de*417cided by the Court of Appeals, remain open for examination on the second trial. Only the points decided by this court on review must be considered as settled on the second hearing. Willingham v. Sterling Cycle Works, 113 Ga. 953 (39 S. E. 314). In other words, a judgment of reversal is not a final judgment, except as to the questions ruled upon, and only remands the case to the lower court for further proceedings, or for another…
2Cases cited2 opinions
- Willingham v. Sterling Cycle WorksSupreme Court of Georgia · 1901
- Swindell & Co. v. Bainbridge State BankCourt of Appeals of Georgia · 1908
3Cited by11 opinions
- Holton v. LankfordSupreme Court of Georgia · 1939
- Anderson v. AndersonCourt of Appeals of Georgia · 1921
- Griffin v. BarrettSupreme Court of Georgia · 1938
- Laramore v. JonesSupreme Court of Georgia · 1924
- American Associated Companies, Inc. v. VaughanSupreme Court of Georgia · 1953
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