Baker v. Jennings
Court of Appeals of Georgia
1Opinion of the CourtNichols, J.
1. There is no procedure authorizing a claim to be filed in a trover case, but where such procedure is followed in the trial court without any objection on the part of the plaintiff, and where the defendant has filed an answer disclaiming any title to the property, but alleging that the party filing the claim is the real owner of the property, the issue then tried, as to the ownership of the property, is between the plaintiff and the claimant. See, in this connection, Grizzard v. Trammell, 72 Ga. App. 50 (32 S. E. 2d 910).
2. In the present case, where the claimant failed to file any motion…
2Cases cited1 opinion
- Grizzard v. TrammellCourt of Appeals of Georgia · 1945
3Cited by1 opinion
- Johnson v. Housing AuthorityCourt of Appeals of Georgia · 1962