Maddox v. Witte

Supreme Court of Georgia

Maddox v. Witte

27 S.E. 163, 100 Ga. 316, 1896 Ga. LEXIS 583

CourtSupreme Court of Georgia

DecidedJanuary 21, 1896

StatusPublished

Cited by4 cases

This text of 27 S.E. 163 (Maddox v. Witte) 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

Maddox v. Witte, 27 S.E. 163, 100 Ga. 316, 1896 Ga. LEXIS 583 (Ga. 1896).

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Opinion

Simmons, C. J.

Where a claim case in a justice’s court was dismissed by the justice because the claim was not filed in time, it appearing without contradiction tha/t the claim was filed ■after the time t'he property was to have been sold according to ithe advertisement of the constable, certiorari and not appeal was the remedy for the claimant. Small v. Sparks, 69 Ga. 745; Rogers v. Bennett, 78 Ga. 707; Hall v. Carlisle, 92 Ga. 318.

Judgment affirmed.

All the Justices concurring. Maddox & Terrell, for plaintiffs in error. G. B. Reynolds, contra.

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Simmons, C. J.

Where a claim case in a justice’s court was dismissed by the justice because the claim was not filed in time, it appearing without contradiction tha/t the claim was filed ■after the time t'he property was to have been sold according to ithe advertisement of the constable, certiorari and not appeal was the remedy for the claimant. Small v. Sparks, 69 Ga. 745; Rogers v. Bennett, 78 Ga. 707; Hall v. Carlisle, 92 Ga. 318.

Judgment affirmed.

All the Justices concurring. Maddox & Terrell, for plaintiffs in error. G. B. Reynolds, contra.

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Bluebook (online)

27 S.E. 163, 100 Ga. 316, 1896 Ga. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-witte-ga-1896.

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