Jones v. Ehrlisch
Supreme Court of Georgia
Homestead. Before Judge WRIGHT. Dougherty Superior Court. April Term, 1880. This was a suit on notes made by D. W. Price & Son to Ives, Faulk &Co. Ehrlisch obtained possession of them and brought suit and garnished W. T. Jones for a sum of money he had in his hands belonging to D. W. Price, one of the defendants.
Read the full summary
Homestead. Before Judge WRIGHT. Dougherty Superior Court. April Term, 1880. This was a suit on notes made by D. W. Price & Son to Ives, Faulk &Co. Ehrlisch obtained possession of them and brought suit and garnished W. T. Jones for a sum of money he had in his hands belonging to D. W. Price, one of the defendants. Pending the suit against Price & Son, and before judgment against them, D. W. Price applied to the ordinary for homestead and exemption, and had the same set apart to him in due form. He took the homestead and exemption for his family consisting of a wife and minor children. He…
1Opinion of the Court
Crawford, Justice.
In this case an exemption in money was set apart by the ordinary for the benefit of the debtor’s family, as against a debt.contracted prior to 1877, and the question made by this record is, whether this can be done.
*548We hold that it cannot. Because the constitution of 1868 declares that there may be an exemption of personal property to the value of one thousand dollars, to be valued at the time it is set apart, and that the general assembly shall provide by law for the setting apart and valuation of said property. The legislature in pursuance of this constitutional provision,…
2Cited by3 opinions
- Johnson v. RedwineSupreme Court of Georgia · 1898
- Douglass v. BoylstonSupreme Court of Georgia · 1882
- Johnson v. DobbsSupreme Court of Georgia · 1882