Everett v. Brown
Supreme Court of Georgia
Action on bond. Before Judge Evans. Washington superior court. May 10, 1902. An execution from a justice’s court, in favor of Stephens, executor, against Brown, was levied by Everett, constable, on certain household goods as the property of the defendant; and a forthcoming bond was given by the defendant. A claim to the property was interposed by the defendant’s wife, and on the day advertised for the sale under the levy he refused to deliver the property to the constable.
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Action on bond. Before Judge Evans. Washington superior court. May 10, 1902. An execution from a justice’s court, in favor of Stephens, executor, against Brown, was levied by Everett, constable, on certain household goods as the property of the defendant; and a forthcoming bond was given by the defendant. A claim to the property was interposed by the defendant’s wife, and on the day advertised for the sale under the levy he refused to deliver the property to the constable. On the trial of the claim case in the justice’s ■court, judgment was rendered in favor of the claimant. After-wards suit…
1Opinion of the CourtFish, J.
This case presents but a single question for determination, viz.: has a justice’s court jurisdiction to try an issue made by a claim interposed to a levy upon personalty, under an execution issued from such court ? Our constitution (Civil Code, § 5856) provides: “ Justices of the peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injuries or damages to personal property, when the principal sum does not exceed one hundred dollars.” The contention of counsel for plaintiff in error is, that this provision of the constitution is exhaustive as to the…
2Cases cited5 opinions
- Bank v. Turnbull & Co.Supreme Court of the United States · 1873
- Flash v. DillonUnited States Circuit Court · 1884
- Harrison v. ShorterSupreme Court of Georgia · 1877
- Besser v. MunfordSupreme Court of Georgia · 1879
- Hochstadter Bros. v. HarrisonSupreme Court of Georgia · 1884
3Cited by2 opinions
- Winn v. ButtsSupreme Court of Georgia · 1907
- Gray v. RileyCourt of Appeals of Georgia · 1933