Carter v. International Harvester Co.

Court of Appeals of Georgia

Carter v. International Harvester Co.

181 S.E. 229, 51 Ga. App. 661, 1935 Ga. App. LEXIS 434

CourtCourt of Appeals of Georgia

DecidedAugust 17, 1935

Docket24604

StatusPublished

Cited by1 cases

This text of 181 S.E. 229 (Carter v. International Harvester Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. International Harvester Co., 181 S.E. 229, 51 Ga. App. 661, 1935 Ga. App. LEXIS 434 (Ga. Ct. App. 1935).

Pincite

Opinion

Stephens, J.

1. There, is no provision of law by which the owner of a vehicle or conveyance, which has been seized by. an officer upon the ground that it was engaged in hauling prohibited liquors along a highway of this State, may take possession of the property by giving bond. Bernstein v. Higginbotham, 148 Ga. 353 (96 S. E. 866); Commercial Credit Company v. Johnson, 166 Ga. 316 (143 S. E. 377).

2. The court erred in overruling the demurrer to the petition wherein it was alleged that the plaintiff was the owner of an automobile truck under a retention-of-title contract by which the truck had been sold to another, that the truck had been seized by an officer of the county “for the purpose of condemning” it, and the plaintiff prayed only to be allowed to give bond for the forthcoming of the truck. The subsequent proceedings resulting in a judgment for the plaintiff were nugatory.

3. The record in this case was transferred to this court by the Supreme Court on December 19, 1934.

Judgment reversed.

Jenkins, P. Jand Stilton, J., eoneur.

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