Legal Opinion

Drawdy v. Littlefield

Supreme Court of Georgia

Decided January 26, 1886PublishedCited by 7 opinions

Practice in Superior Court. Judge. Executions. Constitutional Law. Service. Partnership. Claims. Estoppel. Admissions. Before Judge Mershon. Wayne Superior Court. March Term, 1885. A fi.fa. in favor of Eliza Drawdy against T. P. Little-field & Brother was levied on certain property, without stating in the entry of levy whose property it was, and L. H. Littlefield interposed a claim, in which it was alleged that the property was levied on as belonging to T. P. Littlefield.

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Practice in Superior Court. Judge. Executions. Constitutional Law. Service. Partnership. Claims. Estoppel. Admissions. Before Judge Mershon. Wayne Superior Court. March Term, 1885. A fi.fa. in favor of Eliza Drawdy against T. P. Little-field & Brother was levied on certain property, without stating in the entry of levy whose property it was, and L. H. Littlefield interposed a claim, in which it was alleged that the property was levied on as belonging to T. P. Littlefield. On the trial, when the plaintiff introduced the ji. fa., with the entries thereon, it was objected to on the following…

1Opinion of the Court

Jackson, Chief Justice.

Eliza Drawdy caused to be levied upon certain property an execution of hers against T. P. Littlefield & Bro. The property was claimed by Mrs. L. H. Littlefield. On the trial of the claim, the claimant moved to dismiss the levy. The motion was granted, and the plaintiff in execution excepted.

1. The judgment on which the execution was issued was rendered by a lawyer as judge pro hao vice, and this, it is first alleged, made the judgment void, and the execution which rested on it a nullity, because the appointment of such a judge pro hao vice was then unconstitutional, it…

2Cases cited2 opinions

  1. Thornton v. WilsonSupreme Court of Georgia · 1876
  2. Henderson v. PopeSupreme Court of Georgia · 1869

3Cited by7 opinions

  1. Walden v. WaldenSupreme Court of Georgia · 1907
  2. Hardy v. George C. Murdock Freight Lines, Inc.Court of Appeals of Georgia · 1959
  3. Pharr v. Estey Piano & Organ Co.Court of Appeals of Georgia · 1909
  4. Bivins v. Bank of RichlandSupreme Court of Georgia · 1899
  5. Brewer v. SettleSupreme Court of Georgia · 1915

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