Watkins v. Angier
Supreme Court of Georgia
Money rule. Before Judge Milner. Bartow superior court. July term, 1895. Watkins and Angier contested for a fund arising from tbe sale of property of Mrs. Branson. Tbe case was submitted to the judge without a jury, upon tbe following agreed facts: “Watkins and Angier bold fi. fas. against Mrs. Branson. Watkins’ judgments were first rendered in justice’s court in 1876, and were appealed to tbe superior court. In July, 1893, Watkins obtained judgment on appeal.
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Money rule. Before Judge Milner. Bartow superior court. July term, 1895. Watkins and Angier contested for a fund arising from tbe sale of property of Mrs. Branson. Tbe case was submitted to the judge without a jury, upon tbe following agreed facts: “Watkins and Angier bold fi. fas. against Mrs. Branson. Watkins’ judgments were first rendered in justice’s court in 1876, and were appealed to tbe superior court. In July, 1893, Watkins obtained judgment on appeal. Tbe Angier judgment was rendered by tbe superior court in term, 1883. Property of Mrs. Branson was brought to sale in 1895, and…
1Opinion of the Court
Atkinson, Justice.
■ Section 3628 of the code, which deals with appeals from justices’ courts, provides in terms that an appeal suspends, but does not vacate a judgment; and then provides in addition, that in the event of a dismissal or withdrawal of the appeal, the rights of the parties are the same as if no appeal had been entered. The result announced in this latter provision is a natural consequence of the principle first announced; and while it states some of the consequences which follow from the allowance of the principle, it was not intended to and does not limit the principle to the…
2Cases cited2 opinions
- Snelling v. ParkerSupreme Court of Georgia · 1850
- Hardee v. Stovall, Simmons & Co.Supreme Court of Georgia · 1846
3Cited by8 opinions
- Tanner v. WilsonSupreme Court of Georgia · 1937
- Matter of TinsleyDistrict Court, M.D. Georgia · 1976
- Tilley v. KingSupreme Court of Georgia · 1942
- Crosby v. King Hardware Co.Supreme Court of Georgia · 1899
- Dodd & Co. v. GloverSupreme Court of Georgia · 1897
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