Almand v. Almand
Supreme Court of Georgia
Levy and claim. Before Judge Clark. Kockdale superior court. April term, 1894. Execution issuing from a magistrate’s court in favor of Almand & George against Born, there.being no personal property of defendant to be found, was levied on certain land as the property of Born, to which John H. Almand filed a claim. The cause was submitted on an agreed statement of facts to the judge, who held the property subject, and claimant excepted.
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Levy and claim. Before Judge Clark. Kockdale superior court. April term, 1894. Execution issuing from a magistrate’s court in favor of Almand & George against Born, there.being no personal property of defendant to be found, was levied on certain land as the property of Born, to which John H. Almand filed a claim. The cause was submitted on an agreed statement of facts to the judge, who held the property subject, and claimant excepted. Plaintiff's held six notes for $90 each, made by Born, June 27, 1889, due October 1, 1889, with interest at eight per cent. per. annum after maturity, and ten…
1Opinion of the Court
Atkinson, Justice.
The facts upon which the judgment excepted to was rendered are sufficiently stated in the official report.
The controlling question, the only one necessary to determine,is,whether the judgment rendered in the justice’s court and upon which the execution in this case issued, is void for want of jurisdiction in that court. The plaintiff brought his suit upon a promissory note for a stated principal debt of ninety dollars, bearing interest, with the stipulation to pay ten per cent, upon principal and interest in case it became necessary to collect the debt by suit. At the date…
2Cited by19 opinions
- Ditmyer v. American Liberty InsuranceCourt of Appeals of Georgia · 1968
- State ex rel. Royal Insurance v. BarrsSupreme Court of Florida · 1924
- Cobb v. StateSupreme Court of Georgia · 1939
- Park v. CandlerSupreme Court of Georgia · 1902
- Jarrett v. ParkerCourt of Appeals of Georgia · 1975
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