Graves v. Tift
Supreme Court of Georgia
County Court. Distress warrant. Construction of statutes. Before Judge Strozer. Dougherty Superior Court. April Term, 1873. Graves sued out a distress warrant against E. R. Roberts and W. S. Davis for $500 10, and had the same levied on five bales of cotton as the property of the defendants. The affidavit was made before Honorable David H. Pope, the Judge of the County Court of Dougherty county, and the warrant was issued by the same officer.
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County Court. Distress warrant. Construction of statutes. Before Judge Strozer. Dougherty Superior Court. April Term, 1873. Graves sued out a distress warrant against E. R. Roberts and W. S. Davis for $500 10, and had the same levied on five bales of cotton as the property of the defendants. The affidavit was made before Honorable David H. Pope, the Judge of the County Court of Dougherty county, and the warrant was issued by the same officer. The property levied on was claimed by N. & A. F. Tift. Upon the trial of the issue thus formed, the claimants moved to dismiss the warrant and the levy…
1Opinion of the Court
McCay, Judge.
This case is controlled by the decision we made in Patillo vs. State last week. The Act of 19th January, 1872, expressly authorizes the Judge of the County Court to issue *124distress warrants, and there is nothing in the County Court Act for Dougherty, passed in August, 1872, inconsistent with the general law on this subject. The Act of January 19th, 1872, is a general law for the State, except as to the counties excepted. Dougherty is not one of them. The failure or refusal of the grand jury to authorize the appointment of a Judge does not affect the operation of the law in that…
2Cited by2 opinions
- Murray v. StateSupreme Court of Georgia · 1900
- Hardy v. George C. Murdock Freight Lines, Inc.Court of Appeals of Georgia · 1959