Berry v. Burghard

In a justice’s court in Muscogee county, Burghard obtained judgment against Jerallie. Execution thereon was levied upon certain personal property in the possession of the defendant. It was claimed by Berry. On the trial of the claim case the property was found subject. Berry filed an equitable petition for the purpose of setting aside the judgment finding the property subject, and of obtaining a new trial. He .alleged that there had been one trial before a jury in the justice’s court, resulting in a mistrial; that, after several continuances, the case was finally set for trial before another…