Lotz v. Walker

Court of Appeals of Georgia

Lotz v. Walker

79 S.E. 169, 13 Ga. App. 329, 1913 Ga. App. LEXIS 142

CourtCourt of Appeals of Georgia

DecidedAugust 25, 1913

Docket5040

StatusPublished

Cited by2 cases

This text of 79 S.E. 169 (Lotz v. Walker) 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

Lotz v. Walker, 79 S.E. 169, 13 Ga. App. 329, 1913 Ga. App. LEXIS 142 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J.

1. The trial judge did not err in' sustaining the certiorari and awarding the property in dispute to the defendant, in view of the fact that the testimony that the plaintiff had voluntarily parted with its possession was wholly undisputed.

2. A possessory warrant is not a proper means, for the recovery of personal ■ property, unless the property was taken. from the possession of the complaining party “by fraud, violence, seduction, or other means” of like character (Civil Code, § 5371); and it is essential to the maintenance of the proceeding that it be shown that the property was taken without his consent. ' Judgment affirmed.

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Russell, J.

1. The trial judge did not err in' sustaining the certiorari and awarding the property in dispute to the defendant, in view of the fact that the testimony that the plaintiff had voluntarily parted with its possession was wholly undisputed.

2. A possessory warrant is not a proper means, for the recovery of personal ■ property, unless the property was taken. from the possession of the complaining party “by fraud, violence, seduction, or other means” of like character (Civil Code, § 5371); and it is essential to the maintenance of the proceeding that it be shown that the property was taken without his consent. ' Judgment affirmed.

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Bluebook (online)

79 S.E. 169, 13 Ga. App. 329, 1913 Ga. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotz-v-walker-gactapp-1913.

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