Harper v. Jeffers
Supreme Court of Georgia
Application for discharge in trover. Before Judge J. B. Park. Baldwin superior court. December 2, 1912. Georgia Jeffers instituted an action of trover against Eebecca Harper, seeking to recover certain money. The plaintiff also filed an affidavit for the purpose of requiring bail.
Read the full summary
Application for discharge in trover. Before Judge J. B. Park. Baldwin superior court. December 2, 1912. Georgia Jeffers instituted an action of trover against Eebecca Harper, seeking to recover certain money. The plaintiff also filed an affidavit for the purpose of requiring bail. In the affidavit the money was described as follows: “seven hundred dollars and seventy cents, the same seven hundred dollars being in the denomination of twenty and ten dollars gold certificates, and the seventy cents being in silver, the. same being the property of the petitioner, Georgia Jeffers, and of the value…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The first question which arises is whether, after an affidavit has been filed in a trover case for the. purpose of requiring bail, and the defendant has been arrested and imprisoned, and has applied to be discharged under section 5154 of the Civil Code, upon the hearing of such application the applicant can attack the affidavit as containing no sufficient description of the property to be seized, or for the forthcoming of which the defendant is required to give bond. A bail proceeding is not an essential part of a trover case. The plaintiff is not…
2Cases cited4 opinions
- McElhannon v. Farmers Alliance Warehouse & Commission Co.Supreme Court of Georgia · 1895
- Cooke v. BryantSupreme Court of Georgia · 1898
- Farmers Alliance Warehouse & Commission Co. v. McElhannonSupreme Court of Georgia · 1896
- McLennan v. LivingstonSupreme Court of Georgia · 1899
3Cited by5 opinions
- Decatur Auto Center, Inc. v. Wachovia Bank, N.A.Supreme Court of Georgia · 2003
- Harris v. HinesCourt of Appeals of Georgia · 1926
- Timeplan Loan & Investment Corp. v. ColbertCourt of Appeals of Georgia · 1963
- Mumford v. StriblingCourt of Appeals of Georgia · 1922
- Gaskins v. GaskinsCourt of Appeals of Georgia · 1913