Garner v. State Banking Co.
Supreme Court of Georgia
Claim. Before Judge Jones. Hall superior court. May 3,1919. State Banking Company sued out an -attachment against Jobn D. Garner on the ground that he was a non-resident and was indebted to the bank in a stated sum. The attachment was levied upon a lot of land in the city of Gainesville, Hall county, Georgia. Mrs. Garner, the wife of the defendant in attachment, filed a claim to this property.
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Claim. Before Judge Jones. Hall superior court. May 3,1919. State Banking Company sued out an -attachment against Jobn D. Garner on the ground that he was a non-resident and was indebted to the bank in a stated sum. The attachment was levied upon a lot of land in the city of Gainesville, Hall county, Georgia. Mrs. Garner, the wife of the defendant in attachment, filed a claim to this property. At the trial the issue.was joined, and upon the trial of this issue the jury returned a verdict finding the property subject. Mrs. Garner made a motion for a new trial and after hearing the same the…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.)
1. Error is assigned upon the following charge of the court to the jury: “I charge you, further, gentlemen, that transactions between husband and wife on one side and creditors on the other side, where those transactions are attacked for fraud, then if that is true, then they should be looked into carefully, closely by the jury; and the facts and circumstances must be looked, into with care and caution.” The movant contends that there is no evidence authorizing this charge; that it’“tended to prejudice or bias the jury against the contention of claimant,…
2Cases cited1 opinion
- Gray v. CollinsSupreme Court of Georgia · 1913
3Cited by5 opinions
- Benn v. McBrideCourt of Appeals of Georgia · 1976
- Parker v. HarlingSupreme Court of Georgia · 1939
- Oxford v. HastyCourt of Appeals of Georgia · 1994
- Broadhurst v. WoodSupreme Court of Georgia · 1928
- Stanaland v. HorneSupreme Court of Georgia · 1931