Langford v. Driver
Supreme Court of Georgia
Homestead. Husband and Wife. Interrogatories. Practice in Superior Court. Practice in Supreme Court. Service. Waiver. Before Judge Harris. Troup Superior Court. April Term, 1882. Driver sued Langford for the purchase money of building materials furnished to the latter. Tbe declaration was filed April 5, 1875. Prior to that date, on March 17,1875, Langford acknowledged due and legal service upon it, and waived copy, process, and service by the sheriff.
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Homestead. Husband and Wife. Interrogatories. Practice in Superior Court. Practice in Supreme Court. Service. Waiver. Before Judge Harris. Troup Superior Court. April Term, 1882. Driver sued Langford for the purchase money of building materials furnished to the latter. Tbe declaration was filed April 5, 1875. Prior to that date, on March 17,1875, Langford acknowledged due and legal service upon it, and waived copy, process, and service by the sheriff. Judgment was rendered by default, and a levy made on real estate. Langford interposed a claim as head of a family, alleging that the property…
1Opinion of the Court
Crawford, Justice.
The error complained of in this case is the overruling a motion for a new trial.
1. The first ground of that motion is because the judge rejected the papers and proceedings offered in evidence to show that a homestead had been set apart in the land claimed. The ground up on which the j udge held the papers nadmissible, appears to be that the application therefor was made by Mrs. Isabella M. Langford, the wife of the *591defendant in fi. fa., and did not set forth therein out of whose land the same was to he taken.
According to the ruling of this court in the case of Wilder & Son…
2Cases cited2 opinions
- Wilder & Son v. FrederickSupreme Court of Georgia · 1881
- East Tennessee & Georgia Railroad v. MontgomerySupreme Court of Georgia · 1871
3Cited by7 opinions
- Jones v. JonesSupreme Court of Georgia · 1953
- McRae v. BoykinCourt of Appeals of Georgia · 1935
- Henry & Co. v. JohnsonSupreme Court of Georgia · 1933
- James v. Edward Thompson Co.Court of Appeals of Georgia · 1916
- Russell v. RussellSupreme Court of Georgia · 1987
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