Legal Opinion

Peck v. Land

Supreme Court of Georgia

Decided January 15, 1847No. 1PublishedCited by 19 opinions

Claim, from Twiggs Superior Court, tried before Judge Scarborough—October Term, 1846. Judgment against the plaintiff in error, who was claimant in the Court below, and motion for new trial overruled. For the facts and circumstances of the case, and the error assigned, see the opinion of the Supreme Court.

1Opinion of the Court

*7 By the Court.

Lumpkin, J.

delivering the opinion.

This writ of error has originated in a Claim case; a mode of trying the rights of property, unknown to the Common Law. Henry Solomon obtained a judgment against Henry Holmes in the Superior Court of Twiggs County, which being assigned over to Nathan Land, was levied on sundry property, real and personal, in the possession of the defendant; and all of which was claimed by Ira Peck. The special jury on the final trial, found the whole subject to the fi. fa., and the Court below overruled a motion for a new trial, and the plaintiff in this writ the…

2Cases cited1 opinion

  1. Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809

3Cited by19 opinions

  1. Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
  2. McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
  3. Chandler v. Georgia Chemical WorksSupreme Court of Georgia · 1936
  4. McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
  5. Wilkerson v. StateSupreme Court of Georgia · 2019

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