Carter v. Stanfield
Supreme Court of Georgia
Certiorari, in Ware Superior Court. Decided by Judge Hansell, December Term, 1849. Two fi. fas. from a Justice’s Court, were levied on a stock of cattle, in possession of the defendant in fi. fa. and a claim, by Isaac Carter, was interposed. On the trial in the Justices’ Court, a bill of sale was exhibited by Carter, three years older than the fi. fas. The possession had never been out of the defendant. The Jury found the cattle subject, and ten per cent, damages.
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Certiorari, in Ware Superior Court. Decided by Judge Hansell, December Term, 1849. Two fi. fas. from a Justice’s Court, were levied on a stock of cattle, in possession of the defendant in fi. fa. and a claim, by Isaac Carter, was interposed. On the trial in the Justices’ Court, a bill of sale was exhibited by Carter, three years older than the fi. fas. The possession had never been out of the defendant. The Jury found the cattle subject, and ten per cent, damages. Carter sued out a certiorari, on the grounds, that the verdict was unauthorized by the evidence j that the Jury had no right to…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
This case came before the Court below, on a certiorari from a Justice’s Court. Two grounds of error were specified in the petition for certiorari — First, that the Jury in the Justice’s Court ought not to have found the property subject to the executions, under the evidence before them ; and, secondly, that the oath administered to the Jury, by the Justice, was illegal, and not the oath required’ by the Statute.
[1.] The claimant introduced his bill of sale for the cattle, from the defendant in execution. The plaintiff proved, that the property…
2Cited by6 opinions
- Fincher v. HarlowCourt of Appeals of Georgia · 1937
- Smith v. WellbornSupreme Court of Georgia · 1885
- Kelley Bros. v. StovallSupreme Court of Georgia · 1912
- Atkinson & Clark v. LanierSupreme Court of Georgia · 1882
- Glenn v. BurgessSupreme Court of Georgia · 1925
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