Legal Opinion
Roberts v. MacAulay
Supreme Court of Georgia
Decided September 4, 1974No. 28848PublishedCited by 2 opinions
1Opinion of the Court
Hall, Justice.
This appeal calls into question the constitutionality of Georgia’s possessory warrant proceeding, Code § 82-101 et seq. (Ga. L. 1821, Cobb, 591). The statute, originally designed for the recovery of stolen or run-away slaves, provides a summary means of bestowing possession of disputed property pending suit for its return.
Alan Roberts brings the appeal from a judgment of the Fulton County Civil Court granting possession of disputed household goods to William Macaulay upon a hearing conducted pursuant to Code § 82-202, following Macaulay’s invocation of the possessory warrant…
2Cases cited9 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Blocker v. BlackburnSupreme Court of Georgia · 1971
- Randall v. RandallSupreme Court of Vermont · 1971
- Hall v. StoneSupreme Court of Georgia · 1972
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3Cited by2 opinions
- Brown v. Wilson Chevrolet-Olds, Inc.Court of Appeals of Georgia · 1979
- Green v. Mercury Mills, Inc.Court of Appeals of Georgia · 1975