Legal Opinion

Rutherford v. Wright

Supreme Court of Georgia

Decided June 15, 1870PublishedCited by 1 opinion

Jurisdiction. Exemption of Personalty. Before Judge Cole. Bibb Superior Court. November Term, 1869. Rutherford was transferree of a judgment in favor of one Holdridge, against C. A. Wright, obtained on the 26th of January, 1868. . On it, one Shorter was garnisheed.

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Jurisdiction. Exemption of Personalty. Before Judge Cole. Bibb Superior Court. November Term, 1869. Rutherford was transferree of a judgment in favor of one Holdridge, against C. A. Wright, obtained on the 26th of January, 1868. . On it, one Shorter was garnisheed. He answered, that as administrator of the father of C. A. Wright, he held $450 00 due to her as an heir of said estate, or to her husband, as the Court might decide, and that the records of the Court of Ordinary of Bibb county, Georgia, showed that the same had been set aside under the Personalty Exemption clause of the Homestead…

1Opinion of the CourtWarner, J.

The second section of the Homestead Act pr&vides, tha’t every person seeking the benefit of that Act shall make out a schedule and description of the personal property claimed to be exempt under the Constitution, from levy and sale, and hand the same to the Ordinary of the county in which the *130applicant resides, etc. The application for a homestead must, ^therefore, be made to the Ordinary of the o county in which the applicant resides. It appears from the record in this case, that the application for the homestead was made to, and allowed by, the Ordinary of Bibb county. On the trial of the…

2Cited by1 opinion

  1. Clark v. BellSupreme Court of Georgia · 1881

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