Shirling v. Kennon
Supreme Court of Georgia
Certiorari. Before Judge Mitchell. . Berrien superior court. March 26, 1904. The answer to the writ of certiorari recites the bringing and trial of the action (distress warrant, levy, and claim interposed), and that “the case was submitted to the jury under an agreed state of facts, no evidence being introduced on the part of either party (facts stated in petition for certiorari); true copies of all the papers attached to certiorari; verdict by jury for the plaintiff.”
Read the full summary
Certiorari. Before Judge Mitchell. . Berrien superior court. March 26, 1904. The answer to the writ of certiorari recites the bringing and trial of the action (distress warrant, levy, and claim interposed), and that “the case was submitted to the jury under an agreed state of facts, no evidence being introduced on the part of either party (facts stated in petition for certiorari); true copies of all the papers attached to certiorari; verdict by jury for the plaintiff.” The petition for certiorari, after making usual recitals of how the case arose, and of the verdict being adverse to the…
1Opinion of the CourtCobb, J.
1. In three cases it has been held that the landlord’s special lien for rent upon the crop raised upon the rented premises was for a debt so in the nature of the purchase-money that it would be superior to an exemption set apart in such crop under the provisions of the constitution of 1868. Davis v. Meyers, 41 Ga. 95; Taliaferro v. Pry, 41 Ga. 622; Harrell v. Fagan, 43 Ga. 339. Under the provisions of the Civil Code, § 2873, which is a codification of an act passed in 1874, property set' apart under the statutory or short homestead law is made subject to “ sale for the purchase-money. ” The…
2Cases cited3 opinions
- Davis v. MeyersSupreme Court of Georgia · 1870
- Taliaferro v. PrySupreme Court of Georgia · 1871
- Harrell v. FaganSupreme Court of Georgia · 1871
3Cited by12 opinions
- Reese v. MillerCourt of Appeals of Georgia · 1925
- Williamson v. City of TallapoosaSupreme Court of Georgia · 1977
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- Lowenstein v. JohnstonCourt of Appeals of Georgia · 1919
- Freedman v. BushCourt of Appeals of Georgia · 1923
7 more not listed; retrieve them via the Exa API.