Legal Opinion

Cherokee Lodge v. White

Supreme Court of Georgia

Decided September 15, 1879Published

Jurisdiction. Certiorari. Husband and wife. New trial. Before Judge Lester. Cobb Superior Court. November Term, 1878. White filed his petition for certiorari against the Cherokee Lodge. The petition alleged that “a fi. fa. of fifty dollars,” based upon a justice court judgment rendered January 10, 1877, in favor of the Lodge vs. Walker et al., was, on July 18, 1878, levied on a wagon, which was claimed by White ; and that on the trial it was found subject.

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Jurisdiction. Certiorari. Husband and wife. New trial. Before Judge Lester. Cobb Superior Court. November Term, 1878. White filed his petition for certiorari against the Cherokee Lodge. The petition alleged that “a fi. fa. of fifty dollars,” based upon a justice court judgment rendered January 10, 1877, in favor of the Lodge vs. Walker et al., was, on July 18, 1878, levied on a wagon, which was claimed by White ; and that on the trial it was found subject. The fi.fa. is not copied in the record. In the bill of exceptions it is stated that it appeared to the court that the cause in the court…

1Opinion of the Court

Jackson, Justice.

1. The petition for certiorari alleged that thefi.fa. leA’ied was for fifty dollars; the ansiver does not set out the fi- fa. at all, nor does it appear by answer or petition that plaintiff in execution claimed any interest. The bill of exceptions sets out, it is true, that the fi.fa. was for fifty dollars and interest and costs, but it does not aver that the plaintiff was claiming any interest. So far as appears to us the plaintiff was pressing his y?, fa. for fifty dollars, and as it does not appear that the wagon was worth more than fifty dollars, the court was right not…

2Cases cited2 opinions

  1. Sperry & Niles v. HaslamSupreme Court of Georgia · 1876
  2. Dykes v. WoolseySupreme Court of Georgia · 1879

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