Byrne v. Attaway
Supreme Court of Georgia
Trover. Capture in war. Evidence. Before Judge Gibsox. Burke Superior Court. May Term, 1870. Attaway brought trover against Byrne for a wagon. On trial, it appeared that Attaway’s brother was a detailed soldier of the Confederate States, at Augusta, Georgia, when General Johnson surrendered its forces to General Sherman, of the United States, including the forces at Augusta.
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Trover. Capture in war. Evidence. Before Judge Gibsox. Burke Superior Court. May Term, 1870. Attaway brought trover against Byrne for a wagon. On trial, it appeared that Attaway’s brother was a detailed soldier of the Confederate States, at Augusta, Georgia, when General Johnson surrendered its forces to General Sherman, of the United States, including the forces at Augusta. His pay as soldier was in arrear and the Confederate States Quartermaster, at Augusta, after the surrender, and when the Confederate States troops were disbanded, told him that the Confederate States currency was…
1Opinion of the Court
Lochrane, Chief Justice.
The question raised in this case, is as important as it is anomalous. After the surrender of General Johnston to the United States forces, every species of property was embraced by the surrender, which was controlled by the military organizations within the jurisdiction of General Johnston’s command, and all right, title and possession, passed to the United States over the property surrendered; and the transfer of this property sued for, made by a Confederate States Quartermaster, subsequent to the surrender, was null and void, and could convey nothing to the party…
2Cited by1 opinion
- Williams v. StateSupreme Court of Georgia · 1881