Myers v. Bernstein

Supreme Court of Georgia

Myers v. Bernstein

27 S.E. 681, 102 Ga. 579, 1897 Ga. LEXIS 614

CourtSupreme Court of Georgia

DecidedJuly 10, 1897

StatusPublished

Cited by3 cases

This text of 27 S.E. 681 (Myers v. Bernstein) 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

Myers v. Bernstein, 27 S.E. 681, 102 Ga. 579, 1897 Ga. LEXIS 614 (Ga. 1897).

Pincite

Opinion

Little, J.

1. Evidence showing that when a defendant in fi. fa. delivered cotton to a warehouseman, he directed it stored in the name of his wife and stated th.at it belonged to her, was, on the trial of an issue raised by a claim interposed by the wife after the cotton had been levied upon as the husband’s property, admissible as a declaration accompanying the act of delivery.

2. When this case was before this court at the March term, 1896, upon a • - -writ of error sued out to the-rulings in a former trial, it was held that the evidence did not warrant a verdict finding the property subject. 99 Ga. 90. Substantially the case isthe same as before; the addition to the plaintiff’s evidence found in the record is not sufficient to require a different ruling, and the court therefore committed no error in directing a verdict for the claimant. Judgment affirmed.

All the Justices concurring.

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Little, J.

1. Evidence showing that when a defendant in fi. fa. delivered cotton to a warehouseman, he directed it stored in the name of his wife and stated th.at it belonged to her, was, on the trial of an issue raised by a claim interposed by the wife after the cotton had been levied upon as the husband’s property, admissible as a declaration accompanying the act of delivery.

2. When this case was before this court at the March term, 1896, upon a • - -writ of error sued out to the-rulings in a former trial, it was held that the evidence did not warrant a verdict finding the property subject. 99 Ga. 90. Substantially the case isthe same as before; the addition to the plaintiff’s evidence found in the record is not sufficient to require a different ruling, and the court therefore committed no error in directing a verdict for the claimant. Judgment affirmed.

All the Justices concurring.

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Bluebook (online)

27 S.E. 681, 102 Ga. 579, 1897 Ga. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-bernstein-ga-1897.

Opinion

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