Smith v. Wilson
Supreme Court of Georgia
Claim. Courts. Attachment. Before D. M. DuBose, Esq., Judge pro Kao vice. McDuffie Superior Court. September Term, 1816. An execution based on attachment in favor of Wilson, against Jackson eb al., was levied on certain property, and Smith interposed claim. In the county court, from which the execution issued, the property was held subject. Claimant carried the case, by certiora/ri, to the superior court. After argument, the cerbiora/ri was dismissed, and claimant excepted.
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Claim. Courts. Attachment. Before D. M. DuBose, Esq., Judge pro Kao vice. McDuffie Superior Court. September Term, 1816. An execution based on attachment in favor of Wilson, against Jackson eb al., was levied on certain property, and Smith interposed claim. In the county court, from which the execution issued, the property was held subject. Claimant carried the case, by certiora/ri, to the superior court. After argument, the cerbiora/ri was dismissed, and claimant excepted. The other facts of this case will be found in the opinion.
1Opinion of the Court
Jackson, Judge.
This case was tried in the county court of McDuffie, and carried, by certiorari, to the superior court, where the judgment against Smith, the claimant, was affirmed.
Three grounds of error are alleged and insisted upon here : First, that the court refused to permit the claimant to traverse the grounds on which the attachment was founded, the property being levied on by a judgment founded on an attachment; second, that there was no declaration or bill of particulars filed in the county court; and, third, that the finding was against law and evidence.
1. The first point was decided…
2Cases cited1 opinion
- Foster v. HigginbothamSupreme Court of Georgia · 1873
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- Netts v. ReedCourt of Appeals of Georgia · 1936