Meredith v. Knott & Hollingsworth
Supreme Court of Georgia
Possessory Warrant. Decided by Judge Harris. At Chambers. October 1865. The warrant in this case was issued in Wilkinson county by Judge Harris, on an- affidavit made in Bibb county before Judge Cole. For this cause, the defendant moved, at the hearing, to dismiss the warrant; which motion the presiding Judge overruled.
Read the full summary
Possessory Warrant. Decided by Judge Harris. At Chambers. October 1865. The warrant in this case was issued in Wilkinson county by Judge Harris, on an- affidavit made in Bibb county before Judge Cole. For this cause, the defendant moved, at the hearing, to dismiss the warrant; which motion the presiding Judge overruled. The affidavit alleged that fifteen bales of cotton had been forcibly and secretly taken by Samuel Meredith, of 'Wilkinson county, from the possession of the firm of Knott & Hollingsworth, etc. The evidence at the hearing consisted ■ of a receipt in writing, and the testimony…
1Opinion of the CourtEyoh, J.
There was no error in the refusal of the Court to dismiss the warrant on the ground that it was not issued by the Judge before whom the affidavit was made.
The Judge issuing the warrant, could not have done so without an affidavit; and as that affidavit was made before a Judge having the same power to administer the affidavit as himself, it was p,s binding on the party making it, and as effectual as an authority to the Judge to issue the warrant, as if made before himself.—Crow vs. Morris, 15 Ga., 303.
When the re'al and important question made by this record, and that is, whether prepossessory…
2Cases cited1 opinion
- Crow v. MorrisSupreme Court of Georgia · 1854
3Cited by17 opinions
- Hillyer v. BrogdenSupreme Court of Georgia · 1880
- Trotti v. Wyly & GreeneSupreme Court of Georgia · 1886
- Sheriff v. ThompsonSupreme Court of Georgia · 1902
- Brown v. ToddSupreme Court of Georgia · 1906
- Cobb v. Megrath & PattersonSupreme Court of Georgia · 1867
12 more not listed; retrieve them via the Exa API.