Ragan v. Coley & Brother
Court of Appeals of Georgia
Appeal, from Pulaski superior court — Judge Martin. January 15, 1908. The questions in this ease arise on a rule against the constable for money in his hands, realized from the sale of personal property by virtue of a common-law execution against Blackshear. The rule was brought by Coley & Brother, transferees of a mortgage fi. fa. against Blackshear; and D. L. Eagan, the holder of the common-law fi. fa. under which the property was sold, was made a, party to the rule.
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Appeal, from Pulaski superior court — Judge Martin. January 15, 1908. The questions in this ease arise on a rule against the constable for money in his hands, realized from the sale of personal property by virtue of a common-law execution against Blackshear. The rule was brought by Coley & Brother, transferees of a mortgage fi. fa. against Blackshear; and D. L. Eagan, the holder of the common-law fi. fa. under which the property was sold, was made a, party to the rule. All questions of law and fact were submitted to the court without the intervention of a jury, and the fund was awarded to…
1Opinion of the CourtHill, C. J.
(After stating the facts.)
1, 2. The amendments to the original proceedings for the foreGosure of the mortgage made by Boone, agent, were properly allowed by the court. The Civil Code, §5122, provides, that “All affidavits for the foreclosure of liens, including mortgages, and all affidavits that are the foundation of legal proceedings, and all counter-affidavits, shall be amendable to the same extent as ordinary declarations.” See also §5105; Nicholson v. Whaley, 90 Ga. 257 (16 S. E. 84). In the case of Burgwyn Tobacco Co. v. Bentley, 90 Ga. 508 (16 S. E. 216), the Supreme Court holds that…
2Cases cited4 opinions
- Cofer v. BensonSupreme Court of Georgia · 1894
- Burgwyn Bros. Tobacco Co. v. Bentley & Co.Supreme Court of Georgia · 1892
- Countryman v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1892
- Nicholson & Co. v. WhaleySupreme Court of Georgia · 1892
3Cited by6 opinions
- Walker v. Oglethorpe Power Corp.Court of Appeals of Georgia · 2017
- Simpson v. JonesSupreme Court of Georgia · 1936
- Harvey v. WrightCourt of Appeals of Georgia · 1949
- Thrash & Co. v. HarmanCourt of Appeals of Georgia · 1917
- Hinton v. BurnsCourt of Appeals of Georgia · 1917
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