Hardee v. Stovall, Simmons & Co.
Supreme Court of Georgia
This was an issue tried before Judge Gamble, at the April term, 1846, of Burke Superior Court, between the above-mentioned parties, who were plaintiffs in execution against one Byne, and who were respectively claiming money raised by the sale of Byne’s property, upon a rule taken against the sheriff at the instance of the defendants in error, each claiming the money on the ground of priority of their respective judgments.
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This was an issue tried before Judge Gamble, at the April term, 1846, of Burke Superior Court, between the above-mentioned parties, who were plaintiffs in execution against one Byne, and who were respectively claiming money raised by the sale of Byne’s property, upon a rule taken against the sheriff at the instance of the defendants in error, each claiming the money on the ground of priority of their respective judgments. It appeared that a judgment was confessed by the defendant in execution (Byne) to the defendants in error at November term, 1842, of Burke Superior Court, from which an…
1Opinion of the Court
By the Court
Nisbet, Judge.
The defendants in error, Stovall, Simmons & Co., instituted suit in Burke Superior Court, against Enoch Byne — at the trial term, Byne confessed Judgments to the plaintiffs, and upon this confession, Judgment was duly entered up. Stovall, Simmons & Co., appealed, and at the *95November term of tho court, 1843, with the consent of the appellee, withdrew their appeal. After the confession of Judgment to Stovall, Simmons & Co., and before the withdrawal of the appeal, Noble A. Hardee et al. plaintiffs in error obtained Judgments against Enoch Byne. Money being raised by…
2Cited by3 opinions
- Watkins v. AngierSupreme Court of Georgia · 1896
- Garrison v. McGuireCourt of Appeals of Georgia · 1966
- State v. BiesmanMontana Supreme Court · 1892