May & Co. v. Sibley
Supreme Court of Georgia
Attorney and Client. Claim. Fees. Debtor and Creditor. Fraud. Before Judge Snead. Richmond Superior Court. April Adjourned Term, 1882. In 1878 and 1879 four attachments were levied upon a house and lot in Augusta, as the property of Jno.
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Attorney and Client. Claim. Fees. Debtor and Creditor. Fraud. Before Judge Snead. Richmond Superior Court. April Adjourned Term, 1882. In 1878 and 1879 four attachments were levied upon a house and lot in Augusta, as the property of Jno. M. Turner, and a claim was interposed by his wife as trustee for her two daughters, under a voluntary deed made by Turner in February, 1876. The claim case was returned to the superior court, and as the debts upon which the attachments were based antedated the voluntary deed, and Jno. M. Turner was insolvent at the time of its execution, the claim was…
1Opinion of the Court
Jackson, Chief Justice.
1. This record presents two questions: First, was the pláintiff in error entitled to feés for bringing the money into court? We think he was, because he fought the claim off until it was withdrawn, and then the property was sold, and the money brought into court and made the subject matter of this rule. By the statute, Code, §1998, when, by litigation with a claimant, money is thus brought in, no matter what lien takes.it, the party bringing it into court by such litigátion is éntitled to fees.
It does not matter that the plaintiff, who is entitled to the fund by…
2Cases cited1 opinion
- Andrews & Co. v. KaufmansSupreme Court of Georgia · 1878
3Cited by3 opinions
- Bell & Brother v. RichSupreme Court of Georgia · 1885
- Snell v. SnellSupreme Court of Georgia · 1928
- Catholic Benevolent Legion v. MonohanBaltimore City Circuit Court · 1897