Legal Opinion
Stephens v. Southern Discount Co.
Court of Appeals of Georgia
Decided March 30, 1962No. 39191PublishedCited by 8 opinions
1Opinion of the Court
Frankum, Judge.
The first .question to be considered is whether, under the evidence, the plea in bar filed by the defendant Billy Stephens, the bankrupt, should have been sustained.
“ Tn an action of trover the issue is one of title, and not of debt. . . The sole issue in the trial of an action of trover is that of title to the property in dispute; and the fact that the plaintiff may elect to take a money verdict in lieu of the specific personalty claimed can in no event alter that issue.’ Berry v. Jackson, 115 Ga. 196, 197 (41 SE 698, 90 ASR 102). ' ‘That money verdict is damages in lieu of…
2Cases cited19 opinions
- Metropolitan Life Insurance v. SaulSupreme Court of Georgia · 1939
- Berry v. JacksonSupreme Court of Georgia · 1902
- Citizens Bank v. MullisSupreme Court of Georgia · 1925
- Anderson v. AndersonCourt of Appeals of Georgia · 1921
- Imperial Investment Co. v. Modernization Construction Co.Court of Appeals of Georgia · 1957
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lamb v. Salvage Disposal Co. of GeorgiaCourt of Appeals of Georgia · 2000
- Fulton County v. BaileyCourt of Appeals of Georgia · 1963
- United States Casualty Co. v. ThomasCourt of Appeals of Georgia · 1962
- Chastain v. Consolidated Credit Corp.Court of Appeals of Georgia · 1966
- Davison v. StricklandCourt of Appeals of Georgia · 1978
3 more not listed; retrieve them via the Exa API.