Rowland v. Gregg & Son
Supreme Court of Georgia
Levy and claim. Before Judge Cobb. City court of Athéns. November 29, 1904. An attachment in favor of Rowland, trading as Rowland & Company, against Bartlett, Kuhn & Company, was levied on a lot of corn in a car standing upon a side-track of the Georgia Tailroad in the city of Athens. Gregg & Son interposed a claim. On the trial the plaintiff introduced certain evidence and closed. It does not appear to have been contended that he did not make out a prima facie case.
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Levy and claim. Before Judge Cobb. City court of Athéns. November 29, 1904. An attachment in favor of Rowland, trading as Rowland & Company, against Bartlett, Kuhn & Company, was levied on a lot of corn in a car standing upon a side-track of the Georgia Tailroad in the city of Athens. Gregg & Son interposed a claim. On the trial the plaintiff introduced certain evidence and closed. It does not appear to have been contended that he did not make out a prima facie case. The claimant then assumed the burden of proof. The court admitted certain evidence over objection of plaintiff, and at the…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) A claim is a statutory
proceeding which is authorized to be interposed where a levy has been made on property; but the statute contemplates that this •shall be done by some person who claims the property and “ shall make oath” thereto. Civil Code, § 4611. On the trial of a claim, after the plaintiff has made out a prima facie case, in order to successfully overcome it the claimants must show title in themselves, or such an interest as would be superior to the right of the plaintiff in fi. fa. to proceed with the execution or attachment. They can not sustain a .claim…
2Cases cited13 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Wade & Co. v. HamiltonSupreme Court of Georgia · 1860
- Willingham v. RushingSupreme Court of Georgia · 1898
- Haas v. Old National BankSupreme Court of Georgia · 1893
- Hurley & Smith v. EppsSupreme Court of Georgia · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Law v. ColemanSupreme Court of Georgia · 1931
- Deariso & Co. v. LawrenceCourt of Appeals of Georgia · 1908
- Bell v. MenziesCourt of Appeals of Georgia · 1964
- Penton v. HallSupreme Court of Georgia · 1913
12 more not listed; retrieve them via the Exa API.