Legal Opinion

McClain v. Cherokee Iron Co.

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 5 opinions

Possessory Warrant. Parties. Partnership. Before Judge Underwood. Polk Superior Court. August Term, 1876. Philpot, describing himself as one of the firm of the Cherokee Iron Company, sued out a possessory warrant for one bale of cotton, against Lovic Morris, J. T. McClain and A. Huntington. The constable arrested the defendants, but returned that the bale of cotton was not to be found.

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Possessory Warrant. Parties. Partnership. Before Judge Underwood. Polk Superior Court. August Term, 1876. Philpot, describing himself as one of the firm of the Cherokee Iron Company, sued out a possessory warrant for one bale of cotton, against Lovic Morris, J. T. McClain and A. Huntington. The constable arrested the defendants, but returned that the bale of cotton was not to be found. The magistrate adjudged that the warrant be dismissed as to Huntington; that Morris and McClain deliver to the plaintiff the cotton, and in default thereof that they be committed to the jail of Polk county, and…

1Opinion of the Court

Bleckley, Judge.

1. When an affidavit to obtain a possessory warrant is made by an individual describing himself as “ one of the firm of the Cherokee Iron Company,” and does not allege that the property belongs to, or was ever in possession of the firm, or ever went out of its possession; but on the contrary, alleges that he, the deponent, was in possession of the property, and that it was taken from his possession, or disappeared without his consent, etc., and the warrant issues accordingly, the proceeding is in favor of the affiant, and the firm to which he belongs is no party thereto. What…

2Cases cited2 opinions

  1. Livingston v. LivingstonSupreme Court of Georgia · 1858
  2. Roseberry v. RoseberrySupreme Court of Georgia · 1860

3Cited by5 opinions

  1. Commercial State Bank v. KetchamNebraska Supreme Court · 1895
  2. Roseberry v. RoseberrySupreme Court of Georgia · 1860
  3. Nash v. MangumSupreme Court of Georgia · 1914
  4. Roberts v. MacAulaySupreme Court of Georgia · 1974
  5. McCants v. UnderwoodCourt of Appeals of Georgia · 1944

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