Head v. Marietta Guano Co.
Supreme Court of Georgia
Appeal. Before Judge Bartlett. Haralson superior court. January 19, 1905. An execution issued from a justice’s court in favor of the Marietta Guano Company against J. H. Head. It was levied on certain personal property, and a claim was interposed by W. H. Head. The case was returned to the justice’s court for trial, and a judgment rendered finding the property not subject.
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Appeal. Before Judge Bartlett. Haralson superior court. January 19, 1905. An execution issued from a justice’s court in favor of the Marietta Guano Company against J. H. Head. It was levied on certain personal property, and a claim was interposed by W. H. Head. The case was returned to the justice’s court for trial, and a judgment rendered finding the property not subject. No appeal was entered by the plaintiff in execution, but an appeal was sought to be entered by one Phillips. The case was stated as that of Joel Phillips, plaintiff in fi. fa., v. J. PI. Head, defendant in fi. fa., and W.…
1Opinion of the CourtLuMRKiN, J.
(After stating the facts.) An appeal bond is amendable. Civil Code, §5123. Where the clerk of the superior court made a mistake in writing the Christian name of an appellant, *985it was held amendable. Chappell v. Smith, 17 Ga. 68. Indeed, great latitude of amendment has been allowed in perfecting appeals which were entered by the proper party but in an irregular manner. Hendrix v. Mason, 70 Ga. 523; Selma, Borne & Dalton R. Co. v. Gammage, 63 Ga. 604. But this latitude has never reached the point where it has been held that a party who did not except to a judgment could do so afterward by…
2Cases cited8 opinions
- Hendrix & McBurney v. MasonSupreme Court of Georgia · 1883
- Norris v. PollardSupreme Court of Georgia · 1886
- Central Railroad & Banking Co. v. CraigSupreme Court of Georgia · 1877
- Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879
- Arnold v. WellsSupreme Court of Georgia · 1849
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3Cited by12 opinions
- Patterson v. BeckSupreme Court of Georgia · 1910
- Coaling Coal & Coke Co. v. HowardSupreme Court of Georgia · 1908
- Bivens v. ToddSupreme Court of Georgia · 1966
- Sherman v. MorrisCourt of Appeals of Georgia · 1916
- Hartman v. Citizens Bank & Trust Co.Court of Appeals of Georgia · 1933
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