Adkins v. Baker
Supreme Court of Georgia
Motion to distribute money, in Decatur Superior Court. Decided by Judge Warren, June Term, 1849. Under the Act of 1841, giving to “ certain persons therein named, a lien upon steamboats and other water-craft, for provisions and wood, and services rendered on board any steamboat or other water-craft, engaged in the navigation of certain rivers therein named,* Nathan Baker filed his petition, and the following affidavit : “ Georgia, Decatur County : “Personally came before me,…
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Motion to distribute money, in Decatur Superior Court. Decided by Judge Warren, June Term, 1849. Under the Act of 1841, giving to “ certain persons therein named, a lien upon steamboats and other water-craft, for provisions and wood, and services rendered on board any steamboat or other water-craft, engaged in the navigation of certain rivers therein named,* Nathan Baker filed his petition, and the following affidavit : “ Georgia, Decatur County : “Personally came before me, William S. Bine, a Justice of the Inferior Court of said County, Nathan Baker, who, after being duly sworn, deposetli…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
A preliminary motion is submitted by counsel for the defendant, to dismiss the writ of error, on the ground that the plaintiffs are strangers to the proceeding, and have no such interest in the judgment rendered in the Court below, as entitles them to interfere.
[1.] We think otherwise. They were judgment creditors, claiming the fund, which has been distributed by order of the Court, and if the money has been misapplied, and their rights prejudiced, they have a right to be heard.
Counsel for the other creditors moved to quash the executions in…
2Cited by1 opinion
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