Bartlett v. Russell
Supreme Court of Georgia
Order of Argument. Claim. Honiestead. Before Judge Snead. City Court of Augusta. November Term, 1869. In December, 1868, Bartlett sued out a distress-warrant against Russell individually. In May, 1869, the sheriff levied said warrant Jupón the stock in trade of the defendant and in his possession.” Russell claimed the stock as next friend for his wife and children. When the cause was to be tried, the parties consented that the Judge should try it without a jury.
Read the full summary
Order of Argument. Claim. Honiestead. Before Judge Snead. City Court of Augusta. November Term, 1869. In December, 1868, Bartlett sued out a distress-warrant against Russell individually. In May, 1869, the sheriff levied said warrant Jupón the stock in trade of the defendant and in his possession.” Russell claimed the stock as next friend for his wife and children. When the cause was to be tried, the parties consented that the Judge should try it without a jury. The plaintiff’s counsel claimed the right to open and conclude the case, but this was denied by claimant’s counsel. The Court…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
In this case the sheriff returns that he has levied the within warrant upon the stock in trade, of the defendant Russell, and in his possession. And the first question made by the record is, who was entitled to the conclusion of the argument. Section 3686, of the Revised Code declares, that “upon the trial of all claims provided for in this chapter, the burden of proof shall lie upon the plaintiff in execution, in all cases where the property levied on is, at the time of such levy, not in possession of the defendant in execution. The party upon…
2Cited by14 opinions
- Cothran v. ForsythSupreme Court of Georgia · 1882
- Dunagan v. Stadler & Co.Supreme Court of Georgia · 1897
- Powell v. WestmorelandSupreme Court of Georgia · 1878
- Lamkin v. ClarySupreme Court of Georgia · 1898
- Smith v. HaireSupreme Court of Georgia · 1877
9 more not listed; retrieve them via the Exa API.