Hightower, Pratt & Co. v. Hodges
Court of Appeals of Georgia
Action on bond, from city court of Blakely — Judge Jordan. April 20, 1908. This was a suit on the official bond of the sheriff of Early county, arising on the following facts: An execution in favor of the plaintiffs in error, against L. L. Mitchell, for the principal sum ■of $107.32, interest $12.51, and costs $6.50, was levied by the deputy sheriff upon the following described property as the property of defendant in fi. fa., to wit: “Two bales of cotton in warehouse in…
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Action on bond, from city court of Blakely — Judge Jordan. April 20, 1908. This was a suit on the official bond of the sheriff of Early county, arising on the following facts: An execution in favor of the plaintiffs in error, against L. L. Mitchell, for the principal sum ■of $107.32, interest $12.51, and costs $6.50, was levied by the deputy sheriff upon the following described property as the property of defendant in fi. fa., to wit: “Two bales of cotton in warehouse in Kestler, marked E. No. 64 and E. No. 78. Also one fourth interest in about sixty-five acres of cotton in field ungathered…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The amendment setting up as a defense the pendency of a. motion for new trial in the claim case should not have been allowed, as it was too late at the trial term to file a plea in abatement of the suit. Civil Code, §5058. The plea would not have been a good one if filed in time, as the filing of a motion for new trial does not operate as a supersedeas, unless so ordered by the court. Civil Code, §5476; Southern Express Co. v. Hunnicutt, ante, 262 (63 S. E. 26). However, as there was no evidence offered in support of this plea, and it was not relied…
2Cases cited1 opinion
- Wilkin v. American Freehold Land Mortgage Co. of London Ltd.Supreme Court of Georgia · 1898
3Cited by6 opinions
- Fields v. JacksonCourt of Appeals of Georgia · 1960
- Western & Atlantic Railroad v. BurnettCourt of Appeals of Georgia · 1949
- Tanner v. WilsonSupreme Court of Georgia · 1937
- Massee v. StetsonCourt of Appeals of Georgia · 1921
- Wittern v. American Surety Co.Court of Appeals of Georgia · 1932
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