Smith v. Eckles & Abercrombie
Supreme Court of Georgia
Practice in the Supreme Court. Homestead. Before Judge SPEER. Newton County. At Chambers. February 17th, 1880. A ft. fa. in favor of Eckles & Abercrombie vs. Smith et al. was levied on a horse, and Mrs. Smith claimed it as exempted property. On the trial in the justice court where the case originated, it appeared that at the time Smith obtained his exemption he did not own a horse. In his schedule, however, he included “ one farm horse or mule.”
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Practice in the Supreme Court. Homestead. Before Judge SPEER. Newton County. At Chambers. February 17th, 1880. A ft. fa. in favor of Eckles & Abercrombie vs. Smith et al. was levied on a horse, and Mrs. Smith claimed it as exempted property. On the trial in the justice court where the case originated, it appeared that at the time Smith obtained his exemption he did not own a horse. In his schedule, however, he included “ one farm horse or mule.” Subsequently he bought a mule, and still- later traded it for the horse now levied on. This it was claimed was exempt. The jury found it subject.…
1Opinion of the Court
JACKSON, Chief Justice.
1. The bill of exceptions in this case has an acknowledgment of service upon it signed in these words, “Eckles & Abercrombie per John T. Eckles.” It nowhere appears either in the bill of exceptions or in the record who John T. Eckles is, whether one of the defendants in error or counsel for them, or in what character he acknowledged service for that firm. So that the bill of exceptions, not being properly served, might well be dismissed. But counsel having argued the case on the merits without noticing the point, we proceed to consider the real point on the merits.
2.…
2Cited by3 opinions
- Redman v. HitchinsSupreme Court of Georgia · 1901
- Jones v. DinkinsSupreme Court of Georgia · 1952
- Fuller v. DoyalCourt of Appeals of Georgia · 1925