Wilkowski v. Halle
Supreme Court of Georgia
Attachment and claim. Tried before Judge Cole. Bibb Superior Court. November Term, 1867. Brummer was a merchant in Macon. He owed Halle $3,500 00, and he came to Macon to .collect his money.
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Attachment and claim. Tried before Judge Cole. Bibb Superior Court. November Term, 1867. Brummer was a merchant in Macon. He owed Halle $3,500 00, and he came to Macon to .collect his money. Soon afterwards, Wilkowski, of Wilkowski & Co., of Cincinnati, Ohio, came also, and in consideration of the settlement of claims against Brummer, held by his firm, and Lock-hart & Ireland, of Cincinnati, and others whom he represented, he procured Brummer to sell out to him, his entire stock of goods, and took possession of the same. Brummer them left Macon. Thereupon Halle émployed Washington Poe and…
1Opinion of the CourtWalker, J.
1. All applications for continuances, are addressed to the sound legal, discretion of the Court, and if not expressly provided for, shall be granted or refused, as the ends of justice may require. Code, sec. 3480. In this case, there was no such abuse of the discretion of the Court below, as to require this Court to control the exercise of that discretion.
2. Was the process of attachment founded upon an affidavit taken by a Notary Public, employed in the cause, and issued by him, void ? By the old law, a Notary Public was not empowered to issue an attachment. This power was conferred on him…
2Cited by8 opinions
- Tucker v. RobertsSupreme Court of Georgia · 1921
- Gruber v. Fulton CountyCourt of Appeals of Georgia · 1965
- King v. ThompsonSupreme Court of Georgia · 1877
- Horkey v. KendallNebraska Supreme Court · 1898
- Moultrie Lumber Co. v. JenkinsSupreme Court of Georgia · 1905
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