Attaway v. Dyer
Supreme Court of Georgia
Claim on appeal, from Coweta. Decision by Judge Hill, at September Term, 1849. In this case there had been a claim of the land levied on, and a damage bond given. On a Jury trial, September, 1848, they found the property subject, and, also, 50 per cent, damages for claiming for delay.
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Claim on appeal, from Coweta. Decision by Judge Hill, at September Term, 1849. In this case there had been a claim of the land levied on, and a damage bond given. On a Jury trial, September, 1848, they found the property subject, and, also, 50 per cent, damages for claiming for delay. Claimant appealed, and after the parties announced ready for trial, at September Term, 1849, the claimant moved to withdraw his claim — not having withdrawn it before— which was allowed by the Court — the plaintiff objecting. Plaintiff then moved a judgment that the land be sold, and that the Clerk issue…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The preamble to the Act of 1821, (Prince, 448,) recites, that “ Whereas, various constructions have been given in the different Courts of this State, as it regards claims of property, which tend to the manifest injury of the community, and frequently produced, not only injustice to the plaintiffs in execution, but which tended evidently to oppress and harrass them by delays of justice—
“ Sec. 1. Be it therefore enacted, That when any Sheriff or Coroner shall levy an execution on property, claimed by any person not a party thereto, such person…
2Cited by5 opinions
- Garsed v. BeallSupreme Court of the United States · 1876
- Adams v. CarnesSupreme Court of Georgia · 1900
- Parker v. BeemanSupreme Court of Georgia · 1859
- Kennedy v. JuhanSupreme Court of Georgia · 1897
- Bethune v. BarkerSupreme Court of Georgia · 1854