Stamps v. Hardigree
Supreme Court of Georgia
■Bail trover. Before Judge Berry. City court of Atlanta. March term, 1896. Mrs. Lizzie Hardigree, formerly Boberson, brought trover against Stamps for a piano. He defended on tlie grounds, that be bad acquired tbe title by becoming tbe purchaser at a constable’s sale of tbe piano, 'and tbat tbe question of title bad been adjudicated against the plaintiff.
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■Bail trover. Before Judge Berry. City court of Atlanta. March term, 1896. Mrs. Lizzie Hardigree, formerly Boberson, brought trover against Stamps for a piano. He defended on tlie grounds, that be bad acquired tbe title by becoming tbe purchaser at a constable’s sale of tbe piano, 'and tbat tbe question of title bad been adjudicated against the plaintiff. It appears, 'that an execution in favor of one Hamrick against J. II. and Sarah Boberson, issued from tbe justice’s court of tbe 1122d district G. M., o-f 'Carroll county, was backed by Orr, justice of the peace of tbe 1026th district G. M.,…
1Opinion of the Court
Atkinson, Justice.
1. To substantiate the proposition announced in the first head-note, it is only necessary to examine the act to which reference is made. Acts 1896, p. 45.
2. Jurisdiction of the person and subject-matter is essential to the validity of a judgment. As to the former, it may be waived; as to the latter, it may not. So far as appears from the record, the subject-matter of the litigation involved in the claim case was within the jurisdiction of the justice’s *162court to which, it was returned. In the regular course of proceedings it would probably have been correct to have returned…
2Cited by6 opinions
- McLendon v. ShumateSupreme Court of Georgia · 1907
- Nation v. JonesCourt of Appeals of Georgia · 1907
- Rawlins v. BusbeeCourt of Appeals of Georgia · 1984
- Clegg Lumber Co. v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1905
- Strickland v. BrannenCourt of Appeals of Georgia · 1916
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