Hudson v. Goff
Supreme Court of Georgia
Trover. Practice in Superior Court. Bail. Croppers. Tender. Attorney and Client. Before Judge Simmons. Sumter Superior Court. October Adjourned Term, 1885. Goff brought an action of trover against Hudson to recover certain corn, fodder and other farm products. The plaintiff made an affidavit to obtain bail process, and the sheriff seized the property.
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Trover. Practice in Superior Court. Bail. Croppers. Tender. Attorney and Client. Before Judge Simmons. Sumter Superior Court. October Adjourned Term, 1885. Goff brought an action of trover against Hudson to recover certain corn, fodder and other farm products. The plaintiff made an affidavit to obtain bail process, and the sheriff seized the property. On the trial, the following facts, in brief, appeared: The plaintiff worked on the farm of the defendant and was to receive one-third of the crop. By the contract, the defendant was to have possession of the plaintiff’s part of the crop until…
1Opinion of the Court
Bleckley, Chief Justice.
1. In an action to recover personal property, the plaintiff’s right, under the Code, to elect upon the trial whether he will accept an alternative verdict for the property or its value, or a verdict for the damages alone, or for the property alone, with hire, is not lost by suing out a bail process, pending the action, and causing the property to be seized, though the defendant may not have replevied nor otherwise regained possession from the officer.
This is a somewhat novel question in our practice, and we have considered it carefully and arrived at the conclusion…
2Cited by5 opinions
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