Legal Opinion

Spence v. Coney, Lovejoy & Co.

Supreme Court of Georgia

Decided October 21, 1895PublishedCited by 8 opinions

Action on bond. Before Judge Smith. Pulaski superior court. February term, 1895.

1Opinion of the Court

Lumpkin, Justice.

A distress warrant in favor of Mrs. Davis against one Mercer was levied on certain personalty, which was *442claimed by Laidler, wlio gave a forthcoming bond for the delivery of the property at the time and place of sale, provided it should be found subject to the distress warrant. It was subsequently found subject; and, without advertising it for sale, or demanding of the claimant or his sureties a surrender of its possession, the constable brought an action against them upon the forthcoming bond. On the trial, it appeared from the defendants’ own testimony that none of them had…

2Cases cited3 opinions

  1. Anderson v. BanksSupreme Court of Georgia · 1893
  2. Lassiter v. Byrd & CokerSupreme Court of Georgia · 1876
  3. Bowen v. PennySupreme Court of Georgia · 1886

3Cited by8 opinions

  1. Early v. HamptonCourt of Appeals of Georgia · 1914
  2. Hatton v. BrownCourt of Appeals of Georgia · 1907
  3. Lewis v. Van ValkenburgSupreme Court of Georgia · 1941
  4. Hobbs v. TindolCourt of Appeals of Georgia · 1924
  5. Johnston v. PinkstonCourt of Appeals of Georgia · 1913

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