Marshall v. Armour Fertilizer Works
Court of Appeals of Georgia
Trover; from Taylor superior court—Judge Howard. February 10, 1919. Armour Fertilizer Works instituted a bail-trover proceeding against Marshall to recover certain mules. The defendant answered that he bought the mules at a sheriffs sale made by virtue of a previous bail-trover proceeding instituted by the same plaintiff against D. A. Youngblood.
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Trover; from Taylor superior court—Judge Howard. February 10, 1919. Armour Fertilizer Works instituted a bail-trover proceeding against Marshall to recover certain mules. The defendant answered that he bought the mules at a sheriffs sale made by virtue of a previous bail-trover proceeding instituted by the same plaintiff against D. A. Youngblood. He sought to recoup damages against the plaintiff for malicious use of the present legal process, alleging that the proceeding was instituted and prosecuted maliciously and without probable cause, and that the plaintiff was a nonresident corporation.…
1Opinion of the CourtJenkins, P. J.
1. “Whenever any officer of this State shall have taken possession of any property under process in any case of trover, and neither the plaintiff nor defendant shall replevy such property, and such property remains in the hands of such officer, and is of a perishable nature or liable to deterioration from keeping, or there is expense attending the keeping of the same, the same may be sold under the provisions of section 6068 of the code.” Civil Code (1910), § 5153; Glisson v. Heggie, 105 Ga. 30 (31 S. E. 118); Our Bank v. Corry, 145 Ga. 385 (89 S. E. 365); Phillips v. Taber, 83 Ga. 565 (10 S.…
2Cases cited15 opinions
- Rusk v. HillSupreme Court of Georgia · 1903
- Phillips v. TaberSupreme Court of Georgia · 1889
- McElreath v. GrossCourt of Appeals of Georgia · 1919
- Fender v. PhillipsSupreme Court of Georgia · 1908
- Brooks v. RooneySupreme Court of Georgia · 1852
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- Metro Chrysler-Plymouth, Inc. v. PearceCourt of Appeals of Georgia · 1970
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Williams v. AdelmanCourt of Appeals of Georgia · 1930
- Mathis v. LATHROP'S HATCHERY, INCORPORATEDSupreme Court of Georgia · 1955
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