Brown & Carmichael v. Way & Taylor

Supreme Court of Georgia

Brown & Carmichael v. Way & Taylor

28 Ga. 531

DecidedJune 15, 1859

StatusPublished

This text of 28 Ga. 531 (Brown & Carmichael v. Way & Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown & Carmichael v. Way & Taylor, 28 Ga. 531 (Ga. 1859).

Pincite

Opinion

By the Court.

Lumpkin, J.,

delivering the opinion.

The return of service by the sheriff on a writ cannot be controverted, except for fraud or collusion. Such was the opinion of this court in the case of Tillman vs. Davis, decided during the present term; and notwithstanding the nature of the service in the two cases was different, still, we consider this case fully controlled by that.

Stehhens, J., concurred. Benning, J., dissenting.

I think the sheriff’s return was traversable — that it was not conclusive on Carmichael. My reasons for this opinion, are the reasons which I had for dissenting from the judgment of this court in Tillman vs. Davis, decided at the present term. Therefore, I shall not repeat them here, but merely refer to them there.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.

Lumpkin, J.,

delivering the opinion.

The return of service by the sheriff on a writ cannot be controverted, except for fraud or collusion. Such was the opinion of this court in the case of Tillman vs. Davis, decided during the present term; and notwithstanding the nature of the service in the two cases was different, still, we consider this case fully controlled by that.

Stehhens, J., concurred. Benning, J., dissenting.

I think the sheriff’s return was traversable — that it was not conclusive on Carmichael. My reasons for this opinion, are the reasons which I had for dissenting from the judgment of this court in Tillman vs. Davis, decided at the present term. Therefore, I shall not repeat them here, but merely refer to them there.

Cite This Page — Counsel Stack

Bluebook (online)

28 Ga. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-carmichael-v-way-taylor-ga-1859.