Legal Opinion

Earnest v. Barrett

Court of Appeals of Georgia

Decided March 11, 1937No. 26009Published

1Opinion of the CourtStephens, P. J.

1. Where a claim has been filed to property which has been levied on under an attachment, and the claimant has given the sheriff a forthcoming bond as required by statute (Code, § 8-803), conditioned upon the delivery of the property at the time and place of sale, provided the property shall be subject to the attachment, and the claimant takes possession of the property, afterwards dismisses his claim, and converts the property to his own use, the claimant, by dismissing the claim and thereby refusing, on the trial of the claim case, to contest the issue whether the property is subject to the…

2Cases cited3 opinions

  1. Anderson v. BanksSupreme Court of Georgia · 1893
  2. Hatton v. BrownCourt of Appeals of Georgia · 1907
  3. Lackey v. MizeSupreme Court of Georgia · 1885

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