Legal Opinion

Tribble v. State

Court of Appeals of Georgia

Decided January 15, 1925No. 16006PublishedCited by 4 opinions

1Opinion of the CourtBroyles, C. J.

1. Whore a debtor who is the head of a family files a schedule of personal property which he claims to be exempt from levy and sale, under § 3416 of the Civil Code (1910), a burden or incumbrance is thereby imposed upon the property. Gresham v. Johnson, 70 Ga. 631 (1); Rutledge v. McFarland, 75 Ga. 774 (1); Crowley v. Freeman, 9 Ga. App. 1, 5 (70 S. E. 349). See also Civil Code (1910), § 3421.

{a) While the receiving and recording of such a schedule by the ordinary is a ministerial act, yet where the claim of exemption was filed in accordance with the statute, it will be presumed, until…

2Cases cited4 opinions

  1. Gresham v. JohnsonSupreme Court of Georgia · 1883
  2. Crowley & Co. v. FreemanCourt of Appeals of Georgia · 1911
  3. Rutledge v. McFarlandSupreme Court of Georgia · 1885
  4. French v. StateCourt of Appeals of Georgia · 1908

3Cited by4 opinions

  1. Daniel v. StateCourt of Appeals of Georgia · 1940
  2. Personal Finance Co. v. EvansCourt of Appeals of Georgia · 1932
  3. Bolton v. StateCourt of Appeals of Georgia · 1931
  4. Beaty v. StateCourt of Appeals of Georgia · 1954

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