Smith v. Johnson
Court of Appeals of Georgia
Certiorari; from Cherokee superior court — Judge Morris. February 25, 1909. A fi. fa. in favor of J. H. Johnson and against W. C. Smith was levied .on certain personal property. Mrs. W. C. Smith interposed a claim. On the trial in the justice’s court the jury found the property subject to the fi. fa.
Read the full summary
Certiorari; from Cherokee superior court — Judge Morris. February 25, 1909. A fi. fa. in favor of J. H. Johnson and against W. C. Smith was levied .on certain personal property. Mrs. W. C. Smith interposed a claim. On the trial in the justice’s court the jury found the property subject to the fi. fa. The ease was taken to the superior court by certiorari, the claimant contending that the verdict. was contrary to law and without evidence to support it, and that errors were committed as follows: (1) the court overruled an objection to the testimony of W. C. Smith to the effect that he signed a…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.)
We think the trial judge erred in dismissing the certiorari. The evidence did not authorize the verdict finding all the property levied upon subject. It is uncontradicted that the hog and the heifer levied on were the property of the claimant. No effort was made to discredit the testimony establishing the fact that they were her property; and as there was no circumstance contradicting this testimony, it was not lawfully within the power of the jury to arbitrarily disregard it. Upon this ground alone, if for no other reason, the certiorari should have been…
2Cases cited18 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Maxwell v. HarrisonSupreme Court of Georgia · 1850
- Small v. WilliamsSupreme Court of Georgia · 1891
- Hannon v. . GrizzardSupreme Court of North Carolina · 1888
- Williams v. Kelsey & HalstedSupreme Court of Georgia · 1849
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thomas v. State of GeorgiaCourt of Appeals of Georgia · 1957
- Thompson v. ThompsonCourt of Appeals of Georgia · 1923