Cohen & Co. v. Candler
This text of 14 S.E. 193 (Cohen & Co. v. Candler) 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.
Opinion
Judgment reversed.
A distress warrant in favor of Candler against W. J. and Sarah. B. Fletcher, returnable to a justice’s court, was levied upon certain property which was claimed by Cohen & Company. The case was taken by appeal to the superior coui't, and a verdict returned finding the property subject. Claimants’ motion for new trial was overruled, and they excepted. Among the grounds of the motion were, that the court erred in overruling the motion of claimant, to dismiss the levy of the distress warrant, upon the ground that the affidavit (see headnote 2) upon which it was based failed to disclose any jurisdictional fact that would authorize the issuing of it; and in admitting in evidence the distress warrant, affidavit and levy, over objection that the affidavit failed to show upon its face any jurisdictional fact.
cited Code, §§4377, 4386, 4082, 3461; “Occupier,” Rapalje, Webster; 40 Ga. 511, 516, 520; 56 Ga. 11; 79 Ga. 427; 20 Ga. 379; 28 Ga. 543; 85 Ga. 687.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
14 S.E. 193, 88 Ga. 207, 1891 Ga. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-co-v-candler-ga-1891.