Legal Opinion

Claton v. Ganey

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 2 opinions

Certiorari. Searcli warrant. Possessory warrant. Before Judge Wright. Mitchell Superior Court. May Term, 1879. Ganey’s petition for certiorari made the following case :■ Claton sued out a possessory warrant against him for one spotted sow-hog. ILe pleaded res aj-adicata, in this that on.

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Certiorari. Searcli warrant. Possessory warrant. Before Judge Wright. Mitchell Superior Court. May Term, 1879. Ganey’s petition for certiorari made the following case :■ Claton sued out a possessory warrant against him for one spotted sow-hog. ILe pleaded res aj-adicata, in this that on. March 10,-1879, said Claton had sued out a search warrant against him for the same hog, and after trial before Shackleford, J. P., the property was ordered turned over to petitioner, and he was thus placed in possession. The plea was overruled and petitioner excepted. .He then moved to discharge the warrant…

1Opinion of the Court

Bleckley, Justice.

1. The adverse adjudication upon the search warrant did not conclude the plaintiff in the possessory warrant subsequently sued out. Such warrant is a criminal proceeding, and serves to alter possession only where a crime has been committed. Code, §§4759,4760, 4761. On the other hand, possessory warrant is 'a civil proceeding, and under it the property is “ to be delivered to the person from whom the same was violently or fraudulently taken or enticed away, or from whom the same absconded, or in whose peaceable and lawful possession it last was.” Id., §4035. With this…

2Cases cited1 opinion

  1. Desvergers v. KrugerSupreme Court of Georgia · 1878

3Cited by2 opinions

  1. Bush & Brother v. RawlinsSupreme Court of Georgia · 1888
  2. Savannah, Thunderbolt & Isle of Hope Railway v. FennellSupreme Court of Georgia · 1897

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