Barnes v. Moseley
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. A verdict and judgment for the plaintiff in an action of trover, although rendered for a sum of money and not for the property in controversy, constitute an adjudication of the plaintiff’s title to the property; and the debt thus created against the defendant is not dischargeable in bankruptcy. The verdict and judgment are conclusive as to the plaintiff’s title, and the character of the title cannot be inquired into by affidavit of illegality. The defendant’s discharge in bankruptcy is no ground of illegality to the levy of an execution issued on the judgment. See Citizens Bank v. Mullis;…
2Cases cited4 opinions
- Berry v. JacksonSupreme Court of Georgia · 1902
- Citizens Bank v. MullisSupreme Court of Georgia · 1925
- Birmingham Fertilizer Co. v. Cox & SonCourt of Appeals of Georgia · 1912
- Walker Bros. v. Capital City Grocery Co.Court of Appeals of Georgia · 1922
3Cited by4 opinions
- Hammond v. KingCourt of Appeals of Georgia · 1936
- Hobbs v. Franklin Jewelry Co.Court of Appeals of Georgia · 1941
- Nash Loan Co. v. YongeSupreme Court of Georgia · 1936
- RICH'S, INCORPORATED v. MontagueCourt of Appeals of Georgia · 1957