Council v. Stevens

Court of Appeals of Georgia

Council v. Stevens

91 S.E. 286, 19 Ga. App. 250, 1917 Ga. App. LEXIS 81

CourtCourt of Appeals of Georgia

DecidedFebruary 1, 1917

Docket7318

StatusPublished

Cited by1 cases

This text of 91 S.E. 286 (Council v. Stevens) 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

Council v. Stevens, 91 S.E. 286, 19 Ga. App. 250, 1917 Ga. App. LEXIS 81 (Ga. Ct. App. 1917).

Pincite

Opinion

Bloodworth, J.

1. -When an execution has been levied and a claim to the property levied on has been interposed, the claimant has the legal right to withdraw or discontinue his claim once, “without the consent of the plaintiff in execution, or some person duly authorized to represent such plaintiff.” Civil Code (1910), § 5171; American Investment Co. v. Cable Co., 4 Ga. App. 106 (60 S. E. 1037).

2. Sections 5625 and 5626 of the Civil Code of 1910 (as to payment of costs or the filing of an affidavit in forma pauperis, where a plaintiff recommences his suit, after nonsuit, dismission, or discontinuance) do not apply to claim cases.

3. The court erred in overruling the demurrer to the original plea in abatement, and all proceedings thereafter were nugatory.

■Judgment reversed.

Broyles, P. J., and Jenlciits, J., concur. Ellis, Webb & Ellis, for plaintiff in error. J. B. Hoyl, Wallis & Wort, O. R. Winchester, contra.

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