Moreland v. Stephens
Supreme Court of Georgia
New trial. Courts. Vacation. Before Judge Buchanan. Heard County. At Chambers. January 27, 1879. Moreland ruled Stephens, the sheriff, to show cause why he should not pay oyer to him certain moneys in his hands for distribution. Whitaker also claimed the fund upon an execution held by him. At the September term, 1878, an order was taken by consent, providing for the hearing of the issues thus formed by the judge in vacation.
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New trial. Courts. Vacation. Before Judge Buchanan. Heard County. At Chambers. January 27, 1879. Moreland ruled Stephens, the sheriff, to show cause why he should not pay oyer to him certain moneys in his hands for distribution. Whitaker also claimed the fund upon an execution held by him. At the September term, 1878, an order was taken by consent, providing for the hearing of the issues thus formed by the judge in vacation. He adjudged that the sum in controversy be paid out fro rata to the two executions. Moreland moved for a new trial upon several grounds. It was overruled and he excepted,…
1Opinion of the Court
Bleckley, Justice.
1. The remedy given by law to correct the error of a judge of the superior court “ in any matter heard at chambers,” is a bill of exceptions. Code, §42o 1. And a motion for a new trial is not appropriate. Lester vs. Johnson, this term.
2. In the present case, there was no writ of error directly upon the decision made by the judge at chambers disposing *290of the money upon the rule against the sheriff; that decision was not excepted to and a bill of exceptions tendered and signed, but the dissatisfied party made a motion for a new trial, and the overruling of that motion is the…
2Cited by3 opinions
- Crumbley v. BrookSupreme Court of Georgia · 1911
- Ballard v. HarmonSupreme Court of Georgia · 1947
- Smith v. SmithSupreme Court of Georgia · 1964