Boroughs v. White & Stone
Supreme Court of Georgia
Certiorari. Homestead. Debtor and Creditor. Before Judge Brown. Cobb Superior Court. March Term, 1882. A ft. fa. for $25.00 in favor of White & Stone was levied upon certain property which had been set apart to Mrs. Boroughs as a homestead, the plaintiffs making the ordinary affidavit for that purpose. A counter-affidavit was filed by defendant.
Read the full summary
Certiorari. Homestead. Debtor and Creditor. Before Judge Brown. Cobb Superior Court. March Term, 1882. A ft. fa. for $25.00 in favor of White & Stone was levied upon certain property which had been set apart to Mrs. Boroughs as a homestead, the plaintiffs making the ordinary affidavit for that purpose. A counter-affidavit was filed by defendant. Counsel submitted an agreed statement of facts as follows: The note on which the fi.fa. was founded, was given by Mrs. Boroughs to White & Stone in May, 1877,, and contained a general waiver of homestead. In 1881, Mrs. Boroughs obtained a homestead…
1Opinion of the Court
Jackson, Chief Justice.
This case came before this court from the superior court of the county of Cobb, on the judgment of that court dis'missing the writ of certiorari of the plaintiff in error, on the ground that it was sued out to a justice’s court on error of the justice prior to jury trial, it being a claim under fifty dollars.
1. This court is of the opinion that the writ of certioraii lies to all errors of law, where facts are not in controversy, from a justice court, either before or after the trial therein-by a jury. -Acts of 1878-9 p. 155 ; Code, 4157(g). The judgment in 65 Ga., 556,…
2Cases cited4 opinions
- Stafford, Blalock & Co. v. ElliottSupreme Court of Georgia · 1877
- Witkowski v. SkalowskiSupreme Court of Georgia · 1872
- Miller v. HensleySupreme Court of Georgia · 1880
- Smith v. Lord & DixonSupreme Court of Georgia · 1878
3Cited by14 opinions
- Western & Atlantic Railroad v. PittsSupreme Court of Georgia · 1887
- Georgia Coast & Piedmont Railroad v. HerringtonCourt of Appeals of Georgia · 1914
- Rogers v. BennettSupreme Court of Georgia · 1887
- Savannah, Thunderbolt & Isle of Hope Railway v. FennellSupreme Court of Georgia · 1897
- In re WoodruffDistrict Court, S.D. Georgia · 1899
9 more not listed; retrieve them via the Exa API.