Wheeless v. Rowan
Supreme Court of Georgia
Petition for injunction. Before Judge Thomas. Berrien superior court. March 29, 1917. W. J. Rowan obtained a judgment in the city court of Nashville, against G. A. Wheeless. A writ of error was taken to the Court of Appeals, which court adjudged that the “judgment of the court below be affirmed on condition that the plaintiff write off from the judgment $29.65 as to interest and $8.76 as to attorney’s fees. If this be not done, the judgment is reversed.”
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Petition for injunction. Before Judge Thomas. Berrien superior court. March 29, 1917. W. J. Rowan obtained a judgment in the city court of Nashville, against G. A. Wheeless. A writ of error was taken to the Court of Appeals, which court adjudged that the “judgment of the court below be affirmed on condition that the plaintiff write off from the judgment $29.65 as to interest and $8.76 as to attorney’s fees. If this be not done, the judgment is reversed.” When the remittitur was filed in the office of the clerk of the city court of Nashville, the clerk, at the request of the plaintiff, issued…
1Opinion of the CourtEvans, P. J.
Where a judgment of a lower court is affirmed by the Court of Appeals, upon filing the remittitur with the clerk of that court in vacation, the supersedeas shall cease, and execution shall issue at once for the amount of the original judgment. Civil Code (1910), § 6217. If the judgment of the city court of Nashville had been affirmed by the Court of Appeals without direction, execution could have issued upon the original judgment. But the judgment was affirmed on condition that the plaintiff write off a certain amount of interest and attorney’s fees, and that ■if this’ were not done the…
2Cited by1 opinion
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