Greenway v. Peoples Bank

Court of Appeals of Georgia

Greenway v. Peoples Bank

164 S.E. 91, 45 Ga. App. 192, 1932 Ga. App. LEXIS 220

CourtCourt of Appeals of Georgia

DecidedApril 29, 1932

Docket22037

StatusPublished

This text of 164 S.E. 91 (Greenway v. Peoples Bank) 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

Greenway v. Peoples Bank, 164 S.E. 91, 45 Ga. App. 192, 1932 Ga. App. LEXIS 220 (Ga. Ct. App. 1932).

Pincite

Opinion

Luke, J.

A fi. fa. having issued "upon a judgment of Peoples Bank of Soperton against W. B. Greenway, in the city court of Soperton, Elevan Greenway (his daughter) filed a claim to the property levied upon as the property of W. B. Greenway, defendant in fi. fa. Upon the trial of her claim, the testimony of Elevan Greenway, the claimant, and of W. B. Greenway, the defendant in fi. fa., conclusively showed that the property involved in the controversy at the time of the levy, was in fact the property of W. B. Greenway, defendant in fi. fa. Prom the record before us it appears that there was no evidence whatever to support a verdict in favor of the claimant. In the circumstances, it was proper for the trial judge to direct the jury to return a verdict finding that the property was subject, and that the fi. fa. proceed.

None of the grounds of the motion for a new trial are deemed meritorious.

Judgment affirmed.

Broyles, G. J., concurs. Bloodworth, J., ent on account of illness.

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Luke, J.

A fi. fa. having issued "upon a judgment of Peoples Bank of Soperton against W. B. Greenway, in the city court of Soperton, Elevan Greenway (his daughter) filed a claim to the property levied upon as the property of W. B. Greenway, defendant in fi. fa. Upon the trial of her claim, the testimony of Elevan Greenway, the claimant, and of W. B. Greenway, the defendant in fi. fa., conclusively showed that the property involved in the controversy at the time of the levy, was in fact the property of W. B. Greenway, defendant in fi. fa. Prom the record before us it appears that there was no evidence whatever to support a verdict in favor of the claimant. In the circumstances, it was proper for the trial judge to direct the jury to return a verdict finding that the property was subject, and that the fi. fa. proceed.

None of the grounds of the motion for a new trial are deemed meritorious.

Judgment affirmed.

Broyles, G. J., concurs. Bloodworth, J., ent on account of illness.

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Bluebook (online)

164 S.E. 91, 45 Ga. App. 192, 1932 Ga. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenway-v-peoples-bank-gactapp-1932.