Strickland v. Maddox
Supreme Court of Georgia
Motion to dismiss an appeal in Cherokee Superior Court, before Judge Wright. This was an appeal from the Inferior to the Superior Court, The presiding Judge dismissed the appeal, on the ground that it was a collateral issue, from which an appeal, as matter of right, did not lie ; to which decision, plaintiff in error excepted.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.-
The plaintiff in execution sued out a summons of garnishment against one Posey Maddox, who answered, that he was not indebted anything to the defendant in execution. Phe plaintiff in execution traversed the answer, and the issue was submitted to a Jury who found for the defendant in garnishment. From this verdict the plaintiff in execution entered an appeal, which was dismissed by the presiding Judge, upon the ground that an appeal does not lie in such a case, because the issue formed is a collateral issue. To that decision plaintiff1 excepts,…
2Cited by3 opinions
- Bristol v. BrentUtah Supreme Court · 1909
- Foster v. HaynesSupreme Court of Georgia · 1891
- Groves v. Bibb Sewer Pipe Co.Supreme Court of Georgia · 1919