Copeland v. Lucas
Court of Appeals of Georgia
Certiorari, from Brooks superior court — Judge Mitchell. January 5, 1909. Hattie Lucas sought by possessory warrant to obtain certain household goods.
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Certiorari, from Brooks superior court — Judge Mitchell. January 5, 1909. Hattie Lucas sought by possessory warrant to obtain certain household goods. On the trial of the case in a justice’s court it appeared, that she was the owner of the goods, -and that her husband delivered them to one Temer, from whom the defendant obtained them, the defendant claiming the right to hold them by agreement of herself and her husband, made before they were delivered to Temer, that he should hold them until payment of indebtedness for money furnished by him to her father to pay debts of the husband. Judgment…
1Opinion of the CourtBussell, J.
The decision in this case is controlled by the rulings of the Supreme Court in Marchman v. Todd, 15 Ga. 25, and Manning v. Mitcherson, 69 Ga. 447 (47 Am. R. 764). The only point raised by the plaintiff in error is, that possessory warrant is not the proper remedy under the facts of the instant case, .and that for that reason the judge of the superior court erred in overruling the certiorari. The insistence of counsel for the plaintiff in error is that inasmuch as there was no “fraud, violence, seduction, or other like means” used by the plaintiff in error to get possession of the goods, the…
2Cases cited6 opinions
- Trotti v. Wyly & GreeneSupreme Court of Georgia · 1886
- Owens v. OutlawSupreme Court of Georgia · 1898
- Brown v. ToddSupreme Court of Georgia · 1906
- Marchman v. ToddSupreme Court of Georgia · 1854
- Manning v. MitchersonSupreme Court of Georgia · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wadsworth v. OliveCourt of Appeals of Georgia · 1936
- Wilburn v. BeasleyCourt of Appeals of Georgia · 1923
- Horne v. SharpeCourt of Appeals of Georgia · 1912