Bonner v. Kinchen Little
Supreme Court of Georgia
Claim, in Putnam Superior Court. Decision by Judge Hardeman, at September Term, 1859. This was a claim interposed by Oliver H. P. Bonner and Richard W. Bonner, trustees of Nancy C. Andrews, to a negro woman named Mary, levied on under and by virtue of a fieri facias, in favor of Kinchen Little, against James G. Andrews, Thomas G. Andrews, and John D. Diomatari; the negro was levied on by the Sheriff as the property of James G. Andrews.
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Claim, in Putnam Superior Court. Decision by Judge Hardeman, at September Term, 1859. This was a claim interposed by Oliver H. P. Bonner and Richard W. Bonner, trustees of Nancy C. Andrews, to a negro woman named Mary, levied on under and by virtue of a fieri facias, in favor of Kinchen Little, against James G. Andrews, Thomas G. Andrews, and John D. Diomatari; the negro was levied on by the Sheriff as the property of James G. Andrews. Al the trial, upon the call of the case, counsel for plaintiff in fufa., Little, moved to dismiss the claim upon the ground, that claimants had failed to give…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
We think it is vevy plain that under our claim laws, the claim fe perfectly well made when the claimant has made the legal affidavit, and given the requisite claim bond for damages, &c. The forthcoming bond is a privilege to the claimant, and not a requisite with which he must comply. By it he has a right to the possession of the property until the sale; if he can get that possession without it, that is a matter between him and the Sheriff, not affecting in she slightest degree the interest of the plaintiff in execution. The judgment dismissing…
2Cited by2 opinions
- Reynolds Banking Co. v. Southern Pacific Guano Co.Supreme Court of Georgia · 1913
- Norris v. McDanielCourt of Appeals of Georgia · 1950