Montgomery v. Walker
Supreme Court of Georgia
Intruders. Agency, Trespass. Before Judge Knight. Gilmer Superior Court. May Term, 1870. The attorney of Montgomery, as administrator of William R. King, made an affidavit against Sarah Walker to eject her, as an intruder, from certain land which belonged to King. Upon that a warrant was issued, on the 23d of January, 1868, and, under it, on the same day, the sheriff ejected Sarah Walker from the premises and put said attorney in possession, to hold for his said client.
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Intruders. Agency, Trespass. Before Judge Knight. Gilmer Superior Court. May Term, 1870. The attorney of Montgomery, as administrator of William R. King, made an affidavit against Sarah Walker to eject her, as an intruder, from certain land which belonged to King. Upon that a warrant was issued, on the 23d of January, 1868, and, under it, on the same day, the sheriff ejected Sarah Walker from the premises and put said attorney in possession, to hold for his said client. On the 20th of February following, Sarah Walker made a counter-affidavit as required by the statute. When the Court sat, her…
1Opinion of the Court
*EOCHRANE, C. J.
I. The order of the Court, dismissing the warrant and restoring the party to possession, under the facts in this case, constitutes the ground of error presented by the record.
Where proceedings were instituted under the 4000th section of the Code, and no counter affidavit was tendered, in terms of law, to arrest the execution of the warrant at the time, the tender of such affidavit twenty days subsequently thereto was not such a proceeding as could be returned by the sheriff or filed in Court. The warrant had accomplished its office when the party was turned out of possession,…
2Cited by4 opinions
- Ward v. ColquittSupreme Court of Georgia · 1879
- Smith v. Security Mortgage InvestorsCourt of Appeals of Georgia · 1976
- Wostenholmes v. StateSupreme Court of Georgia · 1883
- Coggins v. FullerCourt of Appeals of Georgia · 1963