Legal Opinion

Cobb v. Black

Supreme Court of Georgia

Decided March 15, 1865PublishedCited by 38 opinions

Habeas Goryus. * Decided by Judge Johk; T. Claeke, at Chambers, January 1865. In Equity, in Randolph Superior Court, there was pend^ing a bill for account, etc., in favor of Morris vs. Cobb and another. On the fifth of July 1864, the Judge of the Superior Court passed an order appointing one Emmerson a receiver, to receive and hold, subject to future direction, the property which this bill put in litigation.

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Habeas Goryus. * Decided by Judge Johk; T. Claeke, at Chambers, January 1865. In Equity, in Randolph Superior Court, there was pend^ing a bill for account, etc., in favor of Morris vs. Cobb and another. On the fifth of July 1864, the Judge of the Superior Court passed an order appointing one Emmerson a receiver, to receive and hold, subject to future direction, the property which this bill put in litigation. The same order required Cobb to turn over the property to the receiver within ten days after service of the order. On the twenty-fifth of August, the Judge passed another order,…

1Opinion of the Court

By the, Court.

Jenkins, J.

delivering the opinion.

The motion before the Court below was to discharge the relator from his imprisonment for contempt, and two grounds were urged in support of it.

1. That the order for attachment had been issued in vacation, whereas, the Judges of the Superior Courts have authority to make such orders only in term time. 2. That the Judge in this case exceeded his authority by prolonging the imprisonment beyond twenty days. *

*165[1.] Section 271 -of the code provides that “When any fund or property may be in litigation, and the rights of either or both parties cannot be…

2Cited by38 opinions

  1. Lester v. PeopleIllinois Supreme Court · 1890
  2. Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
  3. Davis v. DavisSupreme Court of Georgia · 1912
  4. Ryan v. KingsberySupreme Court of Georgia · 1891
  5. Ensley v. EnsleySupreme Court of Georgia · 1977

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