Covington v. Cothrans
Supreme Court of Georgia
Certiorari. In Floyd Superior Court. Decided by Judge Featheeston. July Term, 1866. On the third of April, 1866, an attachment for a debt of twelve hundred dollars, was issued by a Justice of the Peace, at the instance of the defendants in error, against the plaintiff in error, and made returnable to the Inferior Court, May Term, 1866. At said Term of the Oounty Court, the defendant in attachment moved to dismiss it, on the ground that after the 17th day of March, 1866, the…
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Certiorari. In Floyd Superior Court. Decided by Judge Featheeston. July Term, 1866. On the third of April, 1866, an attachment for a debt of twelve hundred dollars, was issued by a Justice of the Peace, at the instance of the defendants in error, against the plaintiff in error, and made returnable to the Inferior Court, May Term, 1866. At said Term of the Oounty Court, the defendant in attachment moved to dismiss it, on the ground that after the 17th day of March, 1866, the Inferior Court liad no jurisdiction of such a case. The County Court so ruled, and passed an order dismissing the…
1Opinion of the CourtWalker, J.
We find no error in this record. The Justice was by law authorized to issue the attachment; in this, he was acting as a ministerial officer, and the mistake in the name of the Court to which he made the attachment returnable, was amendable. The County 'Court was substituted for the Inferior Court; the powers of the latter transferred to the former; and the semi-annual terms of the County Court held at the same times as the Inferior Court had been. The defendant was not ignorant of the Court to which the process was returned, for he appeared at the proper term, and objected to the proceedings,…
2Cited by5 opinions
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