Dunagan v. Stadler & Co.
Supreme Court of Georgia
Levy and claim. Before Judge Kimsey. Hall superior court. January term, 1896. An execution in favor of Mack Stadler & Co. against G. C. Carter, from a judgment of July 27, 1885, which had been kept alive by proper entries, was levied, June 3, 1895, upon two adjoining houses and lots in Belton, to which a claim was interposed by A. D. Dunagan, as next friend and agent of three named minor children of the defendant in execution.
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Levy and claim. Before Judge Kimsey. Hall superior court. January term, 1896. An execution in favor of Mack Stadler & Co. against G. C. Carter, from a judgment of July 27, 1885, which had been kept alive by proper entries, was levied, June 3, 1895, upon two adjoining houses and lots in Belton, to which a claim was interposed by A. D. Dunagan, as next friend and agent of three named minor children of the defendant in execution. The court directed that the property be found subject, and claimant excepted. He further assigned as error the exclusion by the court of certain homestead papers…
1Opinion of the CourtLittle, J.
The question which arises in this case involves the nature of the proceedings to have homesteads and exemptions set apart under the laws of this State, and also the force and effect to be given to the decisions of the ordinary in passing upon the questions involved in such proceedings. If the acts of the ordinary are merely those of a ministerial officer charged by law with simply making an entry upon the application when the requirements of the statute are complied with, then there is no discussion required to determine that no presumptions of law arise in favor of such action; and being a…
2Cases cited10 opinions
- Mississippi v. JohnsonSupreme Court of the United States · 1867
- Skrine v. JacksonSupreme Court of Georgia · 1884
- Bartlett v. RussellSupreme Court of Georgia · 1870
- Freeman v. State ex rel. McDonaldSupreme Court of Georgia · 1884
- Kelsey & Halstead v. L. M. Wyley, Parish & Co.Supreme Court of Georgia · 1851
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3Cited by16 opinions
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Chance v. ChanceCourt of Appeals of Georgia · 1939
- Glover v. StateSupreme Court of Georgia · 1906
- Burson v. ShieldsSupreme Court of Georgia · 1925
- Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
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