Zellers v. Beckman
Supreme Court of Georgia
Homestead. Equity. Jurisdiction. Parties. Husband and wife. Before Judge Speer. Campbell Superior Court. August Term, 1879. Reported in the decision.
1Opinion of the Court
Jackson, Justice.
I. This suit was brought for the recovery of a mule which had been exempted by plaintiff’s husband and set apart for the use of his family under section 2040 el seq. of our Code, and which had been sold by the husband to the defendant. The suit was dismissed on the ground that under the act of 1876 — Sup. to Code, §§359 to 367 — the courts of common law had no jurisdiction, but courts of equity alone could grant relief, and error is assigned on this judgment. Section 359 reads as follows: “ Courts of equity alone shall have jurisdiction of suits for the recovery of property…
2Cases cited1 opinion
- Connally v. HardwickSupreme Court of Georgia · 1878
3Cited by5 opinions
- Taylor v. JamesSupreme Court of Georgia · 1899
- Pritchett v. DavisSupreme Court of Georgia · 1897
- Central of Georgia Railway Co. v. GarrisonCourt of Appeals of Georgia · 1913
- Braswell & Son v. McDanielSupreme Court of Georgia · 1884
- Muir v. HowellNew Jersey Court of Chancery · 1883