Legal Opinion

Stubbs & Co. v. Waddell

Court of Appeals of Georgia

Decided April 22, 1908No. 836PublishedCited by 6 opinions

Money rule, from city court of Polk county — Judge Irwin. October II, 1907.

1Opinion of the CourtHill, C. J.

The questions in this case arise on a rule to distribute money in the hands of the sheriff, realized from the sale of personal property of the defendant. Stubbs & Co. claimed the fund by virtue of an execution based on the foreclosure of a mortgage on the crops of the defendant, which mortgage had been given to them to secure advances to make the crops. Ella C. Wad-dell claimed the money for rent, the defendant being her tenant of the premises on which the crops were made. The jury found a verdict in her favor; and Stubbs & Co. filed a motion for a new trial, which was overruled.

On the trial…

2Cases cited5 opinions

  1. Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
  2. Burkhalter v. Perry & BrownSupreme Court of Georgia · 1907
  3. Scott v. PoundSupreme Court of Georgia · 1878
  4. Cofer v. BensonSupreme Court of Georgia · 1894
  5. Brimberry v. MansfieldSupreme Court of Georgia · 1891

3Cited by6 opinions

  1. Cooper v. G. E. Construction Co.Court of Appeals of Georgia · 1967
  2. Haas v. KoskeyCourt of Appeals of Georgia · 1976
  3. Hodnett v. MannCourt of Appeals of Georgia · 1912
  4. Phillips v. FreemanCourt of Appeals of Georgia · 1923
  5. Cooper v. G. E. Construction Co.Court of Appeals of Georgia · 1967

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