Legal Opinion

Mauldin v. Deaton

Supreme Court of Georgia

Decided November 10, 1926No. 5319Published

1Opinion of the CourtGilbert, J.

1. Where a distress warrant was issued and a counter-affidavit was filed and the property replevied by a proper bond, it appearing that the defendant resided in the county, it was the duty of the constable to return all of the papers to the court which ’issued the warrant. Civil Code (1910), § 5391; Dean v. Donalson, 2 Ga. App. 462 (58 S. E. 679), and cit.

2. The papers having been returned to a justice’s court in a district other than the one in which the warrant was issued, and a mandamus absolute having issued requiring the papers to be returned to the proper court, which was in the 407th…

2Cases cited1 opinion

  1. Dean v. DonalsonCourt of Appeals of Georgia · 1907

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