Hadden v. Larned
Supreme Court of Georgia
Claims. Affidavits. Principal and agent. Before Judge Hines. Scriven superior court. May term, 1889. A ji. fa. in favor of Larned against S. H. Hadden was levied upon land, and a claim was interposed by Clarissa Hadden, through her agent C. H. Hadden. The following was the affidavit made by him : “ I, Chas.
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Claims. Affidavits. Principal and agent. Before Judge Hines. Scriven superior court. May term, 1889. A ji. fa. in favor of Larned against S. H. Hadden was levied upon land, and a claim was interposed by Clarissa Hadden, through her agent C. H. Hadden. The following was the affidavit made by him : “ I, Chas. H. Hadden as agent for Clarissa Hadden, do swear that I do not interpose this claim for delay only; that as agent for Clarissa Hadden, I bona fide claim the right and title to the same; that I am advised and believe that the claim will he sustained; and that from poverty I am unable to…
1Opinion of the Court
Bleckley, Chief Justice.
It is contended that under §2207 of the code, the affidavit made by the agent of the claimant was authorized ; and that the oath of the agent was, in legal effect, equivalent to the oath of his principal. When this section was brought into the law by the code of 1863, there was nothing either in or out of the code which provided for interposing claims by affidavit in forma pauperis; but under the law as it then stood, all claimants had to give bond and security. The section under consideration declares that “Any act authorized or required to he done under this code, by…
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