Anderson v. Wilson
Supreme Court of Georgia
Claim. Party as witness. Relief Act of 1870. Before Judge Parrott. Cobb Superior Court. October Term, 1871. In September, 1861, Anderson obtained a judgment against Heggie, principal, and Husk, security, for $1,075 00, with interest from the 1st of January, 1861. The fi. fa. issued upon said judgment was levied in March, 1869, upon certain property as Husk’s property. This was claimed by Wilson.
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Claim. Party as witness. Relief Act of 1870. Before Judge Parrott. Cobb Superior Court. October Term, 1871. In September, 1861, Anderson obtained a judgment against Heggie, principal, and Husk, security, for $1,075 00, with interest from the 1st of January, 1861. The fi. fa. issued upon said judgment was levied in March, 1869, upon certain property as Husk’s property. This was claimed by Wilson. In April, 1871, Anderson made an affidavit as to the payment of taxes as required by the Relief Act of 1870, and filed it in office. In October the cause was tried. It was admitted that Husk had owned…
1Opinion of the Court
McCay, Judge.
1. We do not think the first section of the Act of October 13th, 1870, applies to plaintiffs in fi. fa. on the trial of a claim case. That section, as well as the second, third and fourth sections of the Act clearly contemplates plaintiffs seeking a judgment upon their claim. The whole language is inapplicable to a claim case; it is the claimant who brings a claim case into Court, and if the action is to be dismissed, it would be the claim that would fall. The levy is an independent thing; it is legitimate and lawful, after the affidavit is filed according to the fifth section.…
2Cited by6 opinions
- Propes v. ToddCourt of Appeals of Georgia · 1953
- Brooks v. WinklesSupreme Court of Georgia · 1913
- Powell v. WattsSupreme Court of Georgia · 1884
- Prendergast v. WisemanSupreme Court of Georgia · 1888
- First National Bank v. RobersonCourt of Appeals of Georgia · 1936
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