New v. LeHardy
Supreme Court of Georgia
Certiorari. Notice. Possessory warrant. Statute of limitations. Before Judge Gibson. Richmond Superior Court. January Term, 3 872. Martin New sued out a possessory warrant for a horse in the possession of Camille LeHardy.
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Certiorari. Notice. Possessory warrant. Statute of limitations. Before Judge Gibson. Richmond Superior Court. January Term, 3 872. Martin New sued out a possessory warrant for a horse in the possession of Camille LeHardy. The case was tried before Richard W. Maher, a Justice of the Peace, on May 13th, 1871. The evidence disclosed that plaintiff was in possession of the horse at Shultz Hill, in South Carolina, in May, 1865; that the horse was taken about that time from his possession, without his knowledge or consent; that plaintiff next saw the horse in possession of defendant in Augusta,…
1Opinion of the Court
Montgomery, Judge.
1. Judge Lumpkin has somewhere said that a party may waive everything, even a trial, by confession of judgment or *618plea of guilty. Surely there is nothing peculiar in the written notice required to be given of the sanction of a writ of certiorari that takes it out of so sweeping a rule — 'the waiver itself being in writing.
2. In this case the plaintiff lost his property some six years before he sued out his possessory warrant. The horse then had not been “recently” “in the quiet, peaceable and legally acquired possession” of the plaintiff. But there is another class of cases…
2Cited by3 opinions
- Maddox v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1907
- Scott v. StateCourt of Appeals of Georgia · 1947
- Grantham v. LanceCourt of Appeals of Georgia · 1913