Bell & Co. v. Martin
Supreme Court of Georgia
Claim. Before Judge Frank Park. Motion to set aside judg- . ment. Before Judge Worrill. Decatur superior court. February 10, 28, 1913.
1Opinion of the CourtLumpkin, J.
1. An execution based on a foreclosure of a mortgage was levied on- land, and a claim was interposed. When the claim ease was reached for trial, neither the plaintiff nor his counsel was present, nor were the papers in the clerk’s office, and no issue was joined. The presiding judge permitted counsel for the claimant to establish a copy of the claim alone, and to proceed ex parte to introduce evidence in support of the claim, and directed a verdict finding the property not subject. Held, that this practice was unauthorized by law. The levy should have been dismissed.
*56July 14, 1914. Claim.…
2Cited by3 opinions
- Lovelace v. LovelaceSupreme Court of Georgia · 1934
- New York Life Insurance v. CookSupreme Court of Georgia · 1936
- Goldstein Bros. v. BrownCourt of Appeals of Georgia · 1921