Beeland v. Reynolds Banking Co.
Supreme Court of Georgia
Equitable petition. Before Judge Gilbert. Taylor superior court. June 10, 1915. Southern Pacific Guano Company obtained a judgment against E. B. English. ' Execution issued on the judgment, and was levied on certain cotton. Reynolds Banking Company interposed a claim, and caused the sheriff to deliver the cotton to it on its giving a bond conditioned to have the cotton forthcoming on the day of sale.
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Equitable petition. Before Judge Gilbert. Taylor superior court. June 10, 1915. Southern Pacific Guano Company obtained a judgment against E. B. English. ' Execution issued on the judgment, and was levied on certain cotton. Reynolds Banking Company interposed a claim, and caused the sheriff to deliver the cotton to it on its giving a bond conditioned to have the cotton forthcoming on the day of sale. The claim was dismissed, and the sheriff, for the use of the Guano Company, brought suit on the bond, alleging a breach of the condition. To this suit the Banking Company filed pleas in abatement…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The plaintiff in its petition proceeded upon the theory that, under the circumstances appearing in the statement of facts, the certificate to the bill of exceptions was not only not intended to be final, but was ineffective as a final certificate; always under the control of the judge until released by him in the manner pointed out in his letter. If we treat the bill of exceptions as never having been finally certified, and as having been improperly or fraudulently filed by counsel for the defendant in error, so as to give it a legal effect, the remedy…
2Cases cited4 opinions
- Wade v. WatsonSupreme Court of Georgia · 1909
- Rogers v. Sandford KingsburySupreme Court of Georgia · 1857
- Kohn v. LovettSupreme Court of Georgia · 1871
- Bryan v. WaltonSupreme Court of Georgia · 1864
3Cited by2 opinions
- Southern Grocery Stores Inc. v. GreerCourt of Appeals of Georgia · 1942
- Crawford v. Citizens & Southern BankCourt of Appeals of Georgia · 1917