Renneker & Glover v. McMichael
Supreme Court of Georgia
Fi. fa. and claim. In Fulton Superior Court. Decided by Judge O. A. Bull. At the April Term, 1861. Thé question made and presented for adjudication, in this case, grows out of the following state of facts : On the 21st day of June, 1858, Renneker & Glover recovered a judgment in the Inferior Court of Fulton county, against John B. McMichael, for the sum of $1,301 85, principal, besides interest and costs.
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Fi. fa. and claim. In Fulton Superior Court. Decided by Judge O. A. Bull. At the April Term, 1861. Thé question made and presented for adjudication, in this case, grows out of the following state of facts : On the 21st day of June, 1858, Renneker & Glover recovered a judgment in the Inferior Court of Fulton county, against John B. McMichael, for the sum of $1,301 85, principal, besides interest and costs. From this judgment a-writ of fieri facias was issued, and on the 3d day of September, 1858, the fi.fa. was levied on a city lot on Whitehall street, in the city of Atlanta, upon which there…
1Opinion of the Court
By the Court —
Lumpkin, J., delivering the opinion.
This Court has decided that a claim could not be withdrawn on the appeal, where there was a verdict for damages against the claimaint. But here, there has been no verdict of condemnation even, and no trial.
The point is not covered by the adjudication, .and we (I can say for myself, hesitatingly) affirm the judgment of the Circuit Judge.
The difficulty with me grows out of the peculiar phraseology of our laws. The Claim Statute says, that where an appeal is entered, it shall be subject to the same regulations of ordinary appeals; and one of…
2Cited by2 opinions
- Adams v. CarnesSupreme Court of Georgia · 1900
- Kennedy v. JuhanSupreme Court of Georgia · 1897