Legal Opinion

Cohen & Co. v. Candler

Supreme Court of Georgia

Decided December 28, 1891PublishedCited by 1 opinion

Distress warrant. Jurisdiction. Claim. Practice. Before W. I. Pike, judge pro hac vice. Hall superior court. July term, 1891.

1Opinion of the Court

Judgment reversed.

A distress warrant in favor of Candler against W. J. and Sarah. B. Fletcher, returnable to a justice’s court, was levied upon certain property which was claimed by Cohen & Company. The case was taken by appeal to the superior coui't, and a verdict returned finding the property subject. Claimants’ motion for new trial was overruled, and they excepted. Among the grounds of the motion were, that the court erred in overruling the motion of claimant, to dismiss the levy of the distress warrant, upon the ground that the affidavit (see headnote 2) upon which it was based failed to…

2Cases cited6 opinions

  1. Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
  2. Driver v. MaxwellSupreme Court of Georgia · 1876
  3. Kendrick v. WhitfieldSupreme Court of Georgia · 1856
  4. Cohen & Co. v. CandlerSupreme Court of Georgia · 1887
  5. Larey v. BakerSupreme Court of Georgia · 1890

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3Cited by1 opinion

  1. Kimball Co. v. RogersCourt of Appeals of Georgia · 1917

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