Legal Opinion

Simpson v. McBride

Supreme Court of Georgia

Decided December 21, 1886PublishedCited by 11 opinions

Practice in Supreme Court. Practice in Superior Court. Certiorari. Levy and Sale. Officers. Before Judge Harris. Fayette Superior Court. March Term, 1886. A. J. McBride made an affidavit to obtain' a distress warrant against Thomas J. Simpson. The writ was issued December 20, 1882, and levied on certain personal property. The defendant interposed a counter-affidavit. The justice rendered a judgment in favor of plaintiff.

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Practice in Supreme Court. Practice in Superior Court. Certiorari. Levy and Sale. Officers. Before Judge Harris. Fayette Superior Court. March Term, 1886. A. J. McBride made an affidavit to obtain' a distress warrant against Thomas J. Simpson. The writ was issued December 20, 1882, and levied on certain personal property. The defendant interposed a counter-affidavit. The justice rendered a judgment in favor of plaintiff. The defendant appealed to a jury in that court, and they found a verdict for the plaintiff. The defendant then carried the case to the superior court by certiorari. He…

1Opinion of the Court

Jackson, Chief Justice.

It is not easy to ascertain the truth of the case made by this certiorari, from a very illegible bill of exceptions, and a transcript of record about as confusedly put together as a clerk could well arrange it, and deficient in dates of orders and answers to the writ of certiorari. As it is the duty of the plaintiff in error to make that error manifest to this court, if we have failed to decipher the questions made, he must be the loser.

1. The issue seems to be who rented this land to the tenant, and was entitled to the rent, A. J. McBride, who *300distrained for that rent,…

2Cited by11 opinions

  1. Dill v. StateSupreme Court of Georgia · 1966
  2. Hall v. StateSupreme Court of Georgia · 1947
  3. Campbell v. PowellSupreme Court of Georgia · 1950
  4. Hopkins v. Southern Railway Co.Supreme Court of Georgia · 1900
  5. Richter v. CannSupreme Court of Georgia · 1940

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