Legal Opinion

Woods v. Jones

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 12 opinions

Judgments. New trial. Practice in the Supreme Court-. Homestead. Debtor and creditor. Before Judge Bartlett. Morgan Superior Court.

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Judgments. New trial. Practice in the Supreme Court-. Homestead. Debtor and creditor. Before Judge Bartlett. Morgan Superior Court. September Term, 1875. On January 31st, 1870, one James R. Martin applied to the ordinary of Bartow county for an exemption of personalty, to be set apart for the use and benefit of his family, the items specified aggregating in value $669 25. E. C. Jones objected upon the ground that the applicant, in the year 1869, entered into a contract with him, binding all this personal property, to secure the payment for provisions furnished to the applicant to enable him…

1Opinion of the Court

Bleckley, Judge.

The reporter’s statement will give the facts, and the head-notes the law, of this case. It will be noticed that the second hearing in the court below was not on exactly the same evidence as the first. < But without that difference, it would he the sounder ruling to hold, as we do, that a defect rendering a suitor’s title to a fund void, would not be presented too lale at any active stage of the case prior to its final disposition. Such an objection should be heeded so long as the fund in contest is within the power of the court, unless it has already been considered, and some…

2Cited by12 opinions

  1. United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
  2. Anderson v. ClarkSupreme Court of Georgia · 1883
  3. Holton v. LankfordSupreme Court of Georgia · 1939
  4. National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
  5. Griffin v. BarrettSupreme Court of Georgia · 1938

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