Horrigan v. Savannah Grocery Co.
Supreme Court of Georgia
Buie. Before Judge Norwood. City court of Savannah. January 28, 1905. The Savannah Grocery Company brought a rule against Hor-Tigan as sheriff of the city court of Savannah, to compel him to pay over'to it some two hundred and odd dollars alleged to be in his hands and subject to an execution in its favor.
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Buie. Before Judge Norwood. City court of Savannah. January 28, 1905. The Savannah Grocery Company brought a rule against Hor-Tigan as sheriff of the city court of Savannah, to compel him to pay over'to it some two hundred and odd dollars alleged to be in his hands and subject to an execution in its favor. The facts are, in substance, as follows; The Chatham Beal Estate & Improvement Company held a lien upon certain real estate in the^ possession of one Silverberg, to the amount of $3,132.57 principal, and reduced its claim for principal, interest, and $213.25 ás attorney’s fees, to judgment…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1, 2. It has been decided by this court that a judgment for attorney’s fees, founded upon a suit on a note or deed containing an *130obligation to pay attorney’s fees in addition to the stipulated rate of interest, is void where the record shows that the defendant did not appear or plead, and that the instrument sued on was executed before the passage of the act of 1900, which amended section 3667 of the Civil Code. Demere v. Germania Bank, 116 Ga. 317. But, though the judgment for attorney’s fees in the case at bar be void, it does not appear that the…
2Cases cited5 opinions
- Demere v. Germania BankSupreme Court of Georgia · 1902
- Gladden v. CobbSupreme Court of Georgia · 1884
- Singer Sewing Machine Co. v. BarnettSupreme Court of Georgia · 1886
- Wilbur v. StokesSupreme Court of Georgia · 1903
- Johnson v. FoxSupreme Court of Georgia · 1874
3Cited by2 opinions
- Jones v. HodgesCourt of Appeals of Georgia · 1918
- Lathem & Sons v. StringerCourt of Appeals of Georgia · 1916