Manning v. Mitcherson
Supreme Court of Georgia
Possessory Warrant. Actions. Birds. Property. Husband and Wife. Before Judge TOMPKINS. McIntosh Superior^Court. May Term, 1882. Mrs. Catherine Mitcherson sued out a possessory warrant against Patrick Manning to recover possession of a canary bird. On the trial before the justice, the evidence on behalf of the plaintiff was, in brief, as follows: The bird was obtained by the plaintiff from the captain of a vessel, and had been in her possession for about two years.
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Possessory Warrant. Actions. Birds. Property. Husband and Wife. Before Judge TOMPKINS. McIntosh Superior^Court. May Term, 1882. Mrs. Catherine Mitcherson sued out a possessory warrant against Patrick Manning to recover possession of a canary bird. On the trial before the justice, the evidence on behalf of the plaintiff was, in brief, as follows: The bird was obtained by the plaintiff from the captain of a vessel, and had been in her possession for about two years. On the 27th of December, 1881, it was discovered that the bird was missing, and the door of the cage in which it was kept was…
1Opinion of the Court
Crawford, Justice.
The questions submitted for our adjudication by this *450record and insisted on by counsel for the plaintiff in error, are substantially:
(i.) Whether such a property right can exist in a canary bird as to make it the subject matter of a possessory warrant.
(2,) Whether, even if this be so, such warrant will lie against the husband, to recover property in the possession, custody or control of the wife. ~
(3.) Whether the notary public, and ex-officio justice of the peace, did not commit error in his decision in this case, in giving judgment in favor of the plaintiff in the warrant,…
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- Copeland v. LucasCourt of Appeals of Georgia · 1909
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