Napier Bros. v. Woodall
Supreme Court of Georgia
Levy and claim. Before Judge Felton. Bibb superior court. April 20, 1903.
1Opinion of the CourtTubneb, J.
1. Where an execution issues from a justice court for less than fifty dollars, and is levied on property worth more than fifty dollars, either party to a claim case growing out of such levy may appeal to the superior court. Acts of 1874, p. 85; Turman v. Cargill, 54 Ga. 663; Padgett v. Ford, 117 Ga. 508.
2. Where such a claim is entered, the surety on the forthcoming bond and on the damage bond in the claim case can not be the surety on the appeal bond. Under former decisions of this court, the plaintiff in such a case is entitled to have new and additional security. Gordon v. Robertson, 26…
2Cases cited7 opinions
- Benson v. ShinesSupreme Court of Georgia · 1899
- Padgett v. FordSupreme Court of Georgia · 1903
- Gordon v. RobertsonSupreme Court of Georgia · 1858
- Harvely v. Daly & Co.Supreme Court of Georgia · 1901
- Eufaula Home Insurance v. Plant & CubbedgeSupreme Court of Georgia · 1867
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3Cited by7 opinions
- Adkins v. BennettSupreme Court of Georgia · 1912
- Samples v. SamplesSupreme Court of Georgia · 1942
- Levin v. American Furniture Co.Supreme Court of Georgia · 1909
- McMurria v. Powell Bros. & ChasonSupreme Court of Georgia · 1904
- Woodliff v. BloodworthSupreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.