Detwiler v. Cox
Supreme Court of Georgia
Levy and claim. Before Judge Spence. Decatur superior court. November 20, 1903. An execution on a judgment rendered in April, 1900, in favor of J. M. Cox against William Detwiler, was levied on land in the village of Eldorendo, on April 9, 1901. A claim was interposed by the defendant’s wife, Anna Detwiler. By consent the case was tried by the judge without a jury.
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Levy and claim. Before Judge Spence. Decatur superior court. November 20, 1903. An execution on a judgment rendered in April, 1900, in favor of J. M. Cox against William Detwiler, was levied on land in the village of Eldorendo, on April 9, 1901. A claim was interposed by the defendant’s wife, Anna Detwiler. By consent the case was tried by the judge without a jury. It appeared that in January, 1901, the land was conveyed to William Detwiler, and that “in April, 1901,” he made a deed to Anna Detwiler. William Detwiler testified: “ The property was purchased with money that my wife drew out of…
1Opinion of the CourtCandler, J.
The interest of a witness in the result of the suit may always be considered in passing upon his credibility; and where there are circumstances inconsistent with the truth of his testimony, the jury are not obliged to believe him, even though he is not contradicted by any other witness. Laramore v. Minish, 43 Ga. 282; Penny v. Vincent, 49 Ga. 473; Amis v. Cameron, 55 Ga. 449; Armstrong v. Ballew, 118 Ga. 168.
In the present case, which was a claim filed to the levy of an execution, it appeared that the property levied on .was in possession of the defendant in fi. fa. at the time of the levy;…
2Cases cited4 opinions
- Amis v. CameronSupreme Court of Georgia · 1875
- Armstrong v. BallewSupreme Court of Georgia · 1903
- Laramore v. MinishSupreme Court of Georgia · 1871
- Penny v. VincentSupreme Court of Georgia · 1873
3Cited by30 opinions
- Neill v. HillCourt of Appeals of Georgia · 1924
- Sellers v. StateCourt of Appeals of Georgia · 1963
- Horton v. JohnsonSupreme Court of Georgia · 1941
- Smith v. DavisSupreme Court of Georgia · 1947
- Walker v. StateCourt of Appeals of Georgia · 1974
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