Home/Supreme Court of Georgia/Griggs v. Willbanks

Griggs v. Willbanks

22 S.E. 327, 96 Ga. 744
CourtSupreme Court of Georgia
DecidedMarch 25, 1895
StatusPublished
Cited by15 cases

This text of 22 S.E. 327 (Griggs v. Willbanks) 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
Griggs v. Willbanks, 22 S.E. 327, 96 Ga. 744 (Ga. 1895).

Opinion

Simmons, C. J.

The dismissal of a counter-affidavit to a distress-warrant leaves nothing to be tried, and the distress warrant at-once becomes again operative as final process. This being so, a verdict and judgment rendered upon a distress warrant against the defendant therein and the sureties on his bond for the eventual condemnation money, after the dismissal of the counter-affidavit, was void; and an illegality filed by the sureties to the enforcement, of an execution issued upon such judgment was rightly sustained. Habersham v. Eppinger, 61 Ga. 199; McCulloch v. Good, 63 Ga. 519; Anders v. Blount, 67 Ga. 41; Girtman v. Stanford, 68 Ga. 178.

Judgment affirmed.

W. T. Crane, C. II. Sutton and W. I. Pike, for plaintiffs. Jones & Bowden, by M. G-. Boyd, for defendant.

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Bluebook (online)
22 S.E. 327, 96 Ga. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griggs-v-willbanks-ga-1895.