Cooke v. Bryant
Supreme Court of Georgia
Trover. Before Judge Felton. Bibb superior court. April term, 1897. Cooke brought his action against Bryant for the recovery of certain personal property, and made an affidavit to require bail.
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Trover. Before Judge Felton. Bibb superior court. April term, 1897. Cooke brought his action against Bryant for the recovery of certain personal property, and made an affidavit to require bail. The declaration described the property as “six hundred and fifty-six dollars and seventy-seven cents of lawful money of the United States of America, which said [defendant] had in his possession as bailee of petitioner; he and petitioner being engaged in the cotton business in the-city of Macon . . as partners.” The declaration alleged that this sum of money the defendant, on or about March 4, 1897,…
1Opinion of the CourtLewis, J.
The action of trover is based upon the title of the plaintiff in the suit to specific property sought to be recovered; property of which he had possession, or the- right of possession. There should be in the petition for its recovery such a descrip*730tion of the thing sued for as will enable the officer of court to readily identify it when required by process or judgment of the court to seize the property. An obligation to pay money can not be enforced by an action of trover to recover a definite amount of money generally; the remedy being an ordinary action of debt. Hence it was held in the…
2Cases cited2 opinions
- McElhannon v. Farmers Alliance Warehouse & Commission Co.Supreme Court of Georgia · 1895
- Farmers Alliance Warehouse & Commission Co. v. McElhannonSupreme Court of Georgia · 1896
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- Moore v. BargeCourt of Appeals of Georgia · 1993
- Management Compensation Group/Southeast, Inc. v. United Security Employee Programs, Inc.Court of Appeals of Georgia · 1989
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