Donovan v. Simmons
Supreme Court of Georgia
Levy and claim. Before Alex. C. King, judge pro hacvice. Pulton superior court. September term, 1894. An execution against T. J. James was levied upon a parcel of land to which a claim was interposed by T. J. and N. R. Simmons. The case was submitted to the court upon an agreement as to the facts, without the intervention of a jury; and judgment was rendered for the claimants.
Read the full summary
Levy and claim. Before Alex. C. King, judge pro hacvice. Pulton superior court. September term, 1894. An execution against T. J. James was levied upon a parcel of land to which a claim was interposed by T. J. and N. R. Simmons. The case was submitted to the court upon an agreement as to the facts, without the intervention of a jury; and judgment was rendered for the claimants. The facts agreed upon were as follows: The lot was bargained to he sold on April 9, 1890, by James to claimants, for $8,000, at which time they paid $2,666 of the purchase price and took bond for title. The lot had a…
1Opinion of the Court
Hart, Judge.
The facts ai’e sufficiently set forth in the official report. This case was tried before the Hon. Alex. O. King, judge pro hac vice in the court below, without the intervention of a jury, on an agreed statement of facts. In deciding the case the judge viewed it from two points of observation: first, as to the general rule of law determining the status of judgments; and secondly, as to how the facts affected the application of the rule in this particular case. From the legal standpoint he *343ruled favorably to the contention of the plaintiffs in fi. fa., and nothing else appearing,…
2Cited by29 opinions
- Crittenden v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1900
- Walker County Fertilizer Co. v. NapierSupreme Court of Georgia · 1937
- Merchants & Mechanics Bank v. BeardSupreme Court of Georgia · 1926
- Jones v. HowardSupreme Court of Georgia · 1896
- In The Matter Of Jane G. CliffordCourt of Appeals for the Fifth Circuit · 1978
24 more not listed; retrieve them via the Exa API.