Covington v. Cothrans

Supreme Court of Georgia

Covington v. Cothrans

35 Ga. 156

CourtSupreme Court of Georgia

DecidedDecember 15, 1866

StatusPublished

Cited by5 cases

This text of 35 Ga. 156 (Covington v. Cothrans) 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

Covington v. Cothrans, 35 Ga. 156 (Ga. 1866).

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Opinion

Walker, J.

We find no error in this record. The Justice was by law authorized to issue the attachment; in this, he was acting as a ministerial officer, and the mistake in the name of the Court to which he made the attachment returnable, was amendable. The County 'Court was substituted for the Inferior Court; the powers of the latter transferred to the former; and the semi-annual terms of the County Court held at the same times as the Inferior Court had been. The defendant was not ignorant of the Court to which the process was returned, for he appeared at the proper term, and objected to the proceedings, because a single word “Inferior” had been used by the mistake of a ministerial officer for the word “ Oounty.” The time for such trifling is past.

This case is unlike the case of Gresham vs. DeLauny, de[158]*158"cided, at the last June Term of this Court, for the reason that in the case at bar the officer had authority to issue the process, while in the case at last term the authority had been expressly taken away from him. It was insisted in the argument that the case of Aycock vs. Aven, 25 Ga. R. 694, controls this case. We prefer to place our decision on the ground already stated. We think we see reasons which, perhaps, might make an essential difference between the cases, as well as between Gresham vs. DeLauny, and Aycock vs. Aven

Judgment affirmed.

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Walker, J.

We find no error in this record. The Justice was by law authorized to issue the attachment; in this, he was acting as a ministerial officer, and the mistake in the name of the Court to which he made the attachment returnable, was amendable. The County 'Court was substituted for the Inferior Court; the powers of the latter transferred to the former; and the semi-annual terms of the County Court held at the same times as the Inferior Court had been. The defendant was not ignorant of the Court to which the process was returned, for he appeared at the proper term, and objected to the proceedings, because a single word “Inferior” had been used by the mistake of a ministerial officer for the word “ Oounty.” The time for such trifling is past.

This case is unlike the case of Gresham vs. DeLauny, de[158]*158"cided, at the last June Term of this Court, for the reason that in the case at bar the officer had authority to issue the process, while in the case at last term the authority had been expressly taken away from him. It was insisted in the argument that the case of Aycock vs. Aven, 25 Ga. R. 694, controls this case. We prefer to place our decision on the ground already stated. We think we see reasons which, perhaps, might make an essential difference between the cases, as well as between Gresham vs. DeLauny, and Aycock vs. Aven

Judgment affirmed.

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Bluebook (online)

35 Ga. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-v-cothrans-ga-1866.

Opinion

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