Sapp v. Elkins
Supreme Court of Georgia
Distress warrant. Before Judge Parker. Wilcox superior court. January 14, 1905. D. M. Elkins sued out a distress warrant against N. E. Sapp, for the sum of $250.63, due as rent for a farm in Wilcox county. The warrant was issued by a justice of the peace, and made returnable to his own court. A counter-affidavit was made by Sapp.
Read the full summary
Distress warrant. Before Judge Parker. Wilcox superior court. January 14, 1905. D. M. Elkins sued out a distress warrant against N. E. Sapp, for the sum of $250.63, due as rent for a farm in Wilcox county. The warrant was issued by a justice of the peace, and made returnable to his own court. A counter-affidavit was made by Sapp. On the call of the case for trial in the superior court, the defendant moved to dismiss the case, upon the ground that the distress warrant showed no jurisdiction in the superior court. This motion was overruled, and the plaintiff was allowed to amend the warrant,…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The brief of counsel for plaintiff in error is silent as to the exception to the-*460judgment overruling tbe motion to dismiss the- warrant 'because jurisdiction was not shown; and we will therefore treat this assignment of error as having been abandoned. From the record before us we do not know what payments Sapp directed Elkins to apply to his rent due upon the land, according to Sapp’s testimony. The brief of evidence recites that Sapp delivered two bales of cotton to Elkins, with this direction. The amount to be credited on account of the cotton does not…
2Cases cited2 opinions
- Lathrop & Co. v. ClewisSupreme Court of Georgia · 1879
- Payne v. HoltSupreme Court of Georgia · 1878