Legal Opinion
Becker v. Truitt
Court of Appeals of Georgia
Decided February 9, 1929No. 18990PublishedCited by 7 opinions
1Opinion of the CourtBell, J.
1. “A claim is not an available remedy to test the validity of an execution, except where property is claimed by a third person not a party to such execution.” Goolsby v. Drainage Commissioners, 156 Ga. 213 (6 a) (119 S. E. 644). “Only a third person, not a party to the execution, could interpose a claim.” Wynn v. Irvine’s Georgia Music House, 109 Ga. 287, 288 (34 S. E. 582) ; Civil Code (1910), § 5157.
2. Where a judgment is obtained against a person in an assumed or trade name, he is a party to the judgment and is not entitled to file a claim to property levied upon to satisfy the judgment.…
2Cases cited6 opinions
- Eslinger v. HerndonSupreme Court of Georgia · 1924
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Ansley Co. v. O'ByrneSupreme Court of Georgia · 1904
- Goolsby v. Board of Drainage Commissioners of Cedar Creek Drainage DistrictSupreme Court of Georgia · 1923
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
- Becker v. TruittSupreme Court of Georgia · 1930
- Smith v. HartrampfCourt of Appeals of Georgia · 1961
- Indemnity Insurance Co. of North America v. CovingtonNew York Supreme Court · 1939
- Newsom v. Reynolds Chevrolet Co.Court of Appeals of Georgia · 1931
2 more not listed; retrieve them via the Exa API.