Legal Opinion

Postell v. Chapman

Supreme Court of Georgia

Decided July 11, 1888PublishedCited by 8 opinions

Executions. Claims. Costs. Before Judge Harden. City court of Savannah. November term, 1887. Reported in the decision.

1Opinion of the Court

Blandford, Justice.

An execution in favor of Chapman was levied upon a boat as the property of Inness, the defendant in execution. Postell interposed a claim. On the trial, it áppeared that a half-interest in the boat belonged to the claimant, and the other half-interest to the defendant in execution; and the jury found that a half-interest was subject to the levy. The court awarded all the costs against the claimant; to which the claimant excepted.

We think the costs should have been apportioned equally between the claimant and the plaintiff in execution. In such a case as this, equality is…

2Cases cited2 opinions

  1. Seymour v. BillingsNew York Supreme Court · 1835
  2. Porter v. WilletThe Superior Court of New York City · 1862

3Cited by8 opinions

  1. Southern Railway Co. v. SlatonCourt of Appeals of Georgia · 1930
  2. Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
  3. United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
  4. Central of Georgia Railway Co. v. BarnettCourt of Appeals of Georgia · 1926
  5. Carter v. PowellCourt of Appeals of Georgia · 1938

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