Legal Opinion

Buice v. Lowman Gold & Silver Mining Co.

Supreme Court of Georgia

Decided February 15, 1880PublishedCited by 10 opinions

Practice in the Superior Court. Judgment. Attachment. Service. Before Judge Erwin. Hall Superior Court. September Term, 1879. On August 21st, 1878, Buice sued out an attachment against the Lowman Silver Mining Company, a foreign corporation, for $192.50, returnable to Hall superior court. On tbe same day this attachment was levied on the tract of land now in dispute. On August 22d, it was levied on certain personal property.

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Practice in the Superior Court. Judgment. Attachment. Service. Before Judge Erwin. Hall Superior Court. September Term, 1879. On August 21st, 1878, Buice sued out an attachment against the Lowman Silver Mining Company, a foreign corporation, for $192.50, returnable to Hall superior court. On tbe same day this attachment was levied on the tract of land now in dispute. On August 22d, it was levied on certain personal property. On August 23d, the defendant gave a replevy bond, with A J. Comer as security, the bond being signed by the defendant, by J. J. Hayden, superintendent. On September 12th…

1Opinion of the Court

Jackson, Justice.

The sheriff levied a fi. fa. in favor of the plaintiff in error against the Lowman Silver Mining Company, on a tract of land in Hall county as the property of defendant in fi.fa. The land was claimed by the Lowman Gold and Silver Mining Company, and when the issue was joined and the parties went to trial, the court dismissed the plaintiff’s levy, and that is the error complained of, made in the shape of a motion for a new trial.

1. Whilst we cannot exactly see why a motion for a new trial was made, as there was no verdict rendered to be set aside, yet the point is made that…

2Cases cited4 opinions

  1. Pool v. PerdueSupreme Court of Georgia · 1871
  2. Dobbins v. DupreeSupreme Court of Georgia · 1867
  3. Bethune v. McCrarySupreme Court of Georgia · 1850
  4. Caldwell v. FerrillSupreme Court of Georgia · 1856

3Cited by10 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Jackson v. JacksonSupreme Court of Georgia · 1945
  3. Johnston v. SheppardCourt of Appeals of Georgia · 1918
  4. Philmon v. MarshallSupreme Court of Georgia · 1902
  5. Rooke v. DayCourt of Appeals of Georgia · 1932

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