Stewart v. Marietta Trust & Banking Co.
Supreme Court of Georgia
Claim. Before Judge Bartlett. Polk superior court. September 8, 1906. An issue raised, by the interposition of a claim by the Marietta Trust & Banking Co., to the levy of a fi. fa. in favor of Stewart upon certain lands alleged 'to belong to Camp, defendant in fi. fa., was submitted to the presiding .judge without the intervention of a jury.
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Claim. Before Judge Bartlett. Polk superior court. September 8, 1906. An issue raised, by the interposition of a claim by the Marietta Trust & Banking Co., to the levy of a fi. fa. in favor of Stewart upon certain lands alleged 'to belong to Camp, defendant in fi. fa., was submitted to the presiding .judge without the intervention of a jury. The court rendered a judgment in- favor of the claimant, to which the plaintiff in fi. fa. excepted, his exception being in the following words; “The court took the case under consideration, and rendered judgment in said case in favor of the claimant, . .…
1Opinion of the CourtBeck, J.
(After stating the facts.) In the bill of exceptions there are to be found several assignments of error upon the admission and rejection of testimony, but none of these assignments of error was argued or insisted upon in the brief of counsel for plaintiff in error; and therefore they are treated as abandoned. Hamilton v. Rogers, 126 Ga. 27. The argument in the brief relates exclusively to plaintiff’s contention that the transfer of a certain bond for titles to the claimant was void because the transaction was infected with usury. Whether or not that transaction was so infected with usury as…
2Cases cited2 opinions
- Hamilton v. RogersSupreme Court of Georgia · 1906
- Smith v. MarshallSupreme Court of Georgia · 1907
3Cited by6 opinions
- Rabhan v. RabhanSupreme Court of Georgia · 1938
- Delray Inc. v. Piedmont Investment Co.Supreme Court of Georgia · 1942
- Bennett v. RalfCourt of Appeals of Georgia · 1908
- Ocean Steamship Co. v. Blumberg & SonsCourt of Appeals of Georgia · 1913
- Cochran v. StateCourt of Appeals of Georgia · 1939
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