Smith v. Berman
Court of Appeals of Georgia
Action for damages; from city court of Blakely — Judge Jordan. December 10, 1909. Mrs. Fannie Berman brought suit in the city court of Blakely against H. G. Smith, to recover damages for alleged trespass, and the jury found a verdict in her favor of the sum of $6,000. The cause of action arose on the following state of facts: The defendant, H. G. Smith, was trustee in bankruptcy of Morris Berman, the husband of the plaintiff.
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Action for damages; from city court of Blakely — Judge Jordan. December 10, 1909. Mrs. Fannie Berman brought suit in the city court of Blakely against H. G. Smith, to recover damages for alleged trespass, and the jury found a verdict in her favor of the sum of $6,000. The cause of action arose on the following state of facts: The defendant, H. G. Smith, was trustee in bankruptcy of Morris Berman, the husband of the plaintiff. Morris Berman filed in the district court of the United States for the northern district of Georgia a voluntary petition in bankruptcy, and on this petition an…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) • The conduct of the defendant relied upon by the plaintiff as constituting a trespass may be eondensedly stated as his acts in entering the house without warning and in the absence of the bankrupt, taking possession of the house and the household effects therein, and taking possession of the trunk, removing it from the house, having it opened, and taking therefrom the $1,940 in currency. The plaintiff claimed that the house was her home, which the trustee had no right to enter; that the household effects and the money belonged to her, and the trustee had…
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