Cecil & Thrasher v. Gazan
Supreme Court of Georgia
Attachment. Claim. Judgments. Interrogatories. Notice. Practice in Superior Court. New Trial. Practice in Supreme Court. Before Judge Hansbll. Brooks Superior Court. May Term, 1883. An attachment in favor of Gazan against Young was levied on certain mules, and a claim was interposed by Cecil & Thrasher. The case was carried to the superior court by appeal.
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Attachment. Claim. Judgments. Interrogatories. Notice. Practice in Superior Court. New Trial. Practice in Supreme Court. Before Judge Hansbll. Brooks Superior Court. May Term, 1883. An attachment in favor of Gazan against Young was levied on certain mules, and a claim was interposed by Cecil & Thrasher. The case was carried to the superior court by appeal. On the trial, plaintiff introduced in evidence the attachment papers having thereon the .levy, verdict, judgment, and the judgment of the county court in the claim case, and proved possession in the defendant at the time of the levy. He…
1Opinion of the Court
Jackson, Chief Justice.
This is a claim case between a plaintiff in attachment and the claimants of two mules, which were levied on by the attachment prior to the judgment in attachment. The property was found subject, and a motion for a new trial having been denied, the claimants excepted.
1. One ground of this motion insisted upon here is, that the judgment in attachment was void, and was improperly admitted in evidence. If it were, it could not affect the claim case, because the levy was not by an execution issued upon the judgment, but by virtue of the attachment before judgment; and the…
2Cases cited2 opinions
- Bartlett v. RussellSupreme Court of Georgia · 1870
- Wannack v. Mayor of MaconSupreme Court of Georgia · 1874
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- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- Shaner Motor Co. v. WilliamsCourt of Appeals of Georgia · 1927
- Bank of Manchester v. Universal Credit Co.Court of Appeals of Georgia · 1932
- Foremost Dairies Inc. v. KelleyCourt of Appeals of Georgia · 1935