Urquhart v. Urquhart
Supreme Court of Georgia
Distress warrant. Feme covert. Title. Specifics. New trial. Before Judge Harrell. Early county. At Chambers. March 22d, 1872. Samuel J. Urquhart presented a petition for certiorari to Judge Harrell containing, substantially, the following allegations : That on March 9th, 1872, at a Justice Court for 1140th District, Georgia Militia, there came on to be heard an issue on a distress warrant, in which petitioner was defendant and Mary J. Urquhart plaintiff; that petitioner…
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Distress warrant. Feme covert. Title. Specifics. New trial. Before Judge Harrell. Early county. At Chambers. March 22d, 1872. Samuel J. Urquhart presented a petition for certiorari to Judge Harrell containing, substantially, the following allegations : That on March 9th, 1872, at a Justice Court for 1140th District, Georgia Militia, there came on to be heard an issue on a distress warrant, in which petitioner was defendant and Mary J. Urquhart plaintiff; that petitioner moved to quash the affidavit and warrant on the following grounds, t-o-wit : 1st. Because the warrant was sued out in her…
1Opinion of the Court
Montgomery, Judge.
1. This Court has more than once decided that a married woman, as to her separate estate, stood upon the same footing (with one or more exceptions not necessary to notice here) with a feme sole. Hence, she may, without the intervention of a prochein ami, sue out a distress warrant for rent of her separate estate, and that without joining her husband.
2. In suits upon all contracts for the payment of specifics, the value of the specifics ought, regularly, to be alleged and proved. But in a Magistrate’s Court, where, in such a suit, *417there is no averment of the value, but the…
2Cited by1 opinion
- Cornwell v. LeveretteSupreme Court of Georgia · 1906