Legal Opinion

Coursey v. Curtis

Supreme Court of Georgia

Decided June 15, 1855No. 21PublishedCited by 3 opinions

Case in Richmond Superior Court. Tried before Judge Holt, January Term, 1855. This was an action for malicious arrest and false imprisonment. The whole case turned upon the question, whether or not the Act of 1821, in reference to the possession of personal property, authorized the issuance of a possessory warrant, on the ground of the possession of a promissory note -claimed by the applicant.

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Case in Richmond Superior Court. Tried before Judge Holt, January Term, 1855. This was an action for malicious arrest and false imprisonment. The whole case turned upon the question, whether or not the Act of 1821, in reference to the possession of personal property, authorized the issuance of a possessory warrant, on the ground of the possession of a promissory note -claimed by the applicant. The Court below held that the warrant was properly sued out, and the Act applied to such a case. This decision is assigned as error.

1Opinion of the Court

There being no appearance for defendant in error, the case was heard ex parte.

*238 By the Court.

Starnes, J.

delivering the opinion.

The only question in this case is, whether or not a promissory note is personal property, within the meaning of our Statute of 1821, providing a summary remedy for the purpose of quieting and protecting the possession of personal property.

For the plaintiff in error, it was insisted that a promissory note was not such property as the Act contemplated, because it was a chose in action. And it was argued that the Statute contemplated personal property in possession — that…

2Cases cited1 opinion

  1. Towle v. LovetMassachusetts Supreme Judicial Court · 1810

3Cited by3 opinions

  1. Richmond County Hospital Authority v. Richmond CountySupreme Court of Georgia · 1985
  2. Dobbs v. First National Bank of AtlantaCourt of Appeals of Georgia · 1941
  3. Copeland v. PylesCourt of Appeals of Georgia · 1920

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