First National Bank v. Busha

Supreme Court of Georgia

First National Bank v. Busha

181 S.E. 152, 180 Ga. 852, 1935 Ga. LEXIS 580

CourtSupreme Court of Georgia

DecidedAugust 7, 1935

DocketNo. 10491

StatusPublished

This text of 181 S.E. 152 (First National Bank v. Busha) 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

First National Bank v. Busha, 181 S.E. 152, 180 Ga. 852, 1935 Ga. LEXIS 580 (Ga. 1935).

Pincite

Opinion

Beck, Presiding Justice.

This case originated in the superior court of Gwinnett County. The First National Bank of Lawreneeville filed its petition against Griswell, sheriff of the county, and he was required to show cause why certain money which he had collected on a fi. fa. against one Wilson and which he then had in his hands should not be paid over to the petitioner. It was alleged that S. J. Busha was a claimant to the fund; and he was required to show cause why he should not be made a party to the case and show what claim, if any, he held to the fund. Upon the date set for a hearing Mrs. J. Y. Davis filed her petition to intervene, and she was made a party. S. M. Ledford and J. Y. Poole were also required to prove their claim, it being alleged that they also claimed the fund. On the date of the hearing it was agreed by all parties that the claim of Poole and Ledford should be first paid out of the funds then in hands of Griswell; and the court passed an order directing the defendant to pay over to them the sum claimed by them, to wit, $500. After hearing evidence the court passed an order holding that the fund remaining after the payment of the [853]*853claim of Ledford and Poole should be applied to the execution of Mrs. J. Y. Davis, to the exclusion of petitioner, and the bank sued out a bill of exceptions.

This case is one of which the Court of Appeals, and not the Supreme Court, has jurisdiction. It is therefore ordered that the case be

Transferred to the Court of Appeals.

All the Justices concur.

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Beck, Presiding Justice.

This case originated in the superior court of Gwinnett County. The First National Bank of Lawreneeville filed its petition against Griswell, sheriff of the county, and he was required to show cause why certain money which he had collected on a fi. fa. against one Wilson and which he then had in his hands should not be paid over to the petitioner. It was alleged that S. J. Busha was a claimant to the fund; and he was required to show cause why he should not be made a party to the case and show what claim, if any, he held to the fund. Upon the date set for a hearing Mrs. J. Y. Davis filed her petition to intervene, and she was made a party. S. M. Ledford and J. Y. Poole were also required to prove their claim, it being alleged that they also claimed the fund. On the date of the hearing it was agreed by all parties that the claim of Poole and Ledford should be first paid out of the funds then in hands of Griswell; and the court passed an order directing the defendant to pay over to them the sum claimed by them, to wit, $500. After hearing evidence the court passed an order holding that the fund remaining after the payment of the [853]*853claim of Ledford and Poole should be applied to the execution of Mrs. J. Y. Davis, to the exclusion of petitioner, and the bank sued out a bill of exceptions.

This case is one of which the Court of Appeals, and not the Supreme Court, has jurisdiction. It is therefore ordered that the case be

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

181 S.E. 152, 180 Ga. 852, 1935 Ga. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-busha-ga-1935.