Legal Opinion

Rutherford v. Crawford

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 7 opinions

Inferior Court. County Court. Execution. Levy. Sheriff. Records. Minutes. Before Judge Strozer. Quitman Superior Court. November Term, 1873. At the February term, 1865, of Quitman inferior court, William L. Crawford obtained a judgment against James Rutherford. On January 16th, 1868, the clerk of the county court issued execution bearing test in the name of the judge of said court, which, on October 24th, 1868, was levied upon certain lands as the property of the defendant.

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Inferior Court. County Court. Execution. Levy. Sheriff. Records. Minutes. Before Judge Strozer. Quitman Superior Court. November Term, 1873. At the February term, 1865, of Quitman inferior court, William L. Crawford obtained a judgment against James Rutherford. On January 16th, 1868, the clerk of the county court issued execution bearing test in the name of the judge of said court, which, on October 24th, 1868, was levied upon certain lands as the property of the defendant. A claim was interposed by Ann E. Rutherford. Upon the trial of the issue thus formed, the claimant objected to the…

1Opinion of the Court

McCay, Judge.

1. By the act of 17th March, 1866, (acts of 1865-6, page 22,) all civil jurisdiction for the trial of matters involving private rights, was taken away from the inferior court by the repeal of those sections of the Code giving the jurisdiction. By another act, approved the same day, acts of 1865-6, page 71: “All suits now on the docket of the inferior courts, are transferred to the county court.” The title to the act is : “To transfer all civil cases.” We think the language of this act, page 71, is broad enough to transfer, not only pending cases, but final judgments unperformed.…

2Cited by7 opinions

  1. Lyons v. StateCourt of Appeals of Georgia · 1909
  2. Bird v. BurgsteinerSupreme Court of Georgia · 1897
  3. Sampson v. StateSupreme Court of Georgia · 1906
  4. Albertson v. WilliamsCourt of Appeals of Georgia · 1963
  5. Collins & Son v. HudsonSupreme Court of Georgia · 1882

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