Legal Opinion

Stifel & Sons Inc. v. McCormick

Court of Appeals of Georgia

Decided February 14, 1939No. 27258PublishedCited by 2 opinions

1Opinion of the Court

Broyxjss, O. J.

I. A possessory warrant can not be maintained unless the property, for which the warrant was issued, was taken from the possession of the party complaining, without his consent, or unless the property, having recently been in his legally acquired possession, has disappeared without his consent, and has been taken possession of by the party complained against under some pretended claim and without lawful authority. Code, § 82-101; Wilburn v. Beasley, 31 Ga. App. *450107 (119 S. E. 537); Bryan v. Witsett, 39 Ga,. 715, 717; Trotti v. Wyly & Greene, 77 Ga. 684; Owens v. Outlaw, 105…

2Cases cited4 opinions

  1. Trotti v. Wyly & GreeneSupreme Court of Georgia · 1886
  2. Owens v. OutlawSupreme Court of Georgia · 1898
  3. Wilburn v. BeasleyCourt of Appeals of Georgia · 1923
  4. Ayers v. SwallCourt of Appeals of Georgia · 1916

3Cited by2 opinions

  1. Davis v. LoganSupreme Court of Georgia · 1950
  2. McCants v. UnderwoodCourt of Appeals of Georgia · 1944

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