Mixon v. Lacey
Court of Appeals of Georgia
Levy and claim; from city court of Valdosta — Judge Cranford. July 14, 1920. The defendant’s letters referred to in paragraph 2 of the decision were as follows: “Anniston, Ala., Oct. 23, 1919. The Davis Fur. Co., Valdosta, Ga. — Gentlemen: I have about fifty new spring cots with mattresses and nice feather pillows am offering four dollars each f. o. b. Anniston. The mattresses alone are worth four dollars each and you can easily realize eight dollars each on them.
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Levy and claim; from city court of Valdosta — Judge Cranford. July 14, 1920. The defendant’s letters referred to in paragraph 2 of the decision were as follows: “Anniston, Ala., Oct. 23, 1919. The Davis Fur. Co., Valdosta, Ga. — Gentlemen: I have about fifty new spring cots with mattresses and nice feather pillows am offering four dollars each f. o. b. Anniston. The mattresses alone are worth four dollars each and you can easily realize eight dollars each on them. Let me hear from you at once. Tours truly, B. L. Hall, 2012 Gurnee Ave. ” “Anniston, Ala., October 27, 1919. W. J. Davis,…
1Opinion of the CourtStephens, J.
1. Upon tlie trial of an issue formed between a plaintiff in an attachment upon which a garnishment has issued and a claimant to a fund which the garnishee in his answer admits that he holds as the property of the defendant in attachment, where the evidence of the garnishee tends to show that the fund belonged, at the time of the levy, to the defendant in attachment, it is error to nonsuit the plaintiff and dismiss the attachment upon the ground that the plaintiff has failed to carry the burden of proof which rests upon the plaintiff in a claim case where the property levied upon was not at…
2Cited by2 opinions
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Mixon v. LaceyCourt of Appeals of Georgia · 1922