Merriam v. City of Atlanta
Supreme Court of Georgia
New Trial. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. To the report contained in the opinion, it is only necessary to add the following: Merriam claimed that a fi. fa,, against one Wallace had been issued by the city, purporting to be for “balance on his city tax for the year 1875that some property had been sold thereunder, which he had bought for $225.00; that he was a creditor of Wallace, and paid the balance due on th e fi.fa. and took a transfer of…
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New Trial. Before Judge Hillyer. Fulton Superior Court. April Term, 1878. To the report contained in the opinion, it is only necessary to add the following: Merriam claimed that a fi. fa,, against one Wallace had been issued by the city, purporting to be for “balance on his city tax for the year 1875that some property had been sold thereunder, which he had bought for $225.00; that he was a creditor of Wallace, and paid the balance due on th e fi.fa. and took a transfer of it; that in fact there was no assessment against W allace on the tax books for 1875 corresponding to the fi. fa. / and the…
1Opinion of the Court
Jackson, Justice.
This suit was brought by Merriam to recover $658.00 with interest, upon the ground that the city of Atlanta had transferred to plaintiff a tax fi.fa. against one John R. Wallace for that amount, which plaintiff alleged to be illegal *223and void ; the jury found for the plaintiff the value of the fi.fa. with interest, and thereupon the circuit court granted a new trial, and plaintiff excepted.
This court reluctantly interferes in any case with the first grant of a new trial; and will never do so unless it plainly appears that the law and evidence demanded the verdict. In this case…
2Cited by5 opinions
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- Moody v. MoodySupreme Court of Georgia · 1942
- Sparks v. NoyesSupreme Court of Georgia · 1879
- WINN DIXIE STORES, INC. v. WhaleyCourt of Appeals of Georgia · 1972
- Edgeman v. ThomasCourt of Appeals of Georgia · 1974