Rollins v. Legg

Supreme Court of Georgia

Rollins v. Legg

175 S.E. 382, 179 Ga. 85, 1934 Ga. LEXIS 224

CourtSupreme Court of Georgia

DecidedJune 15, 1934

DocketNo. 9914

StatusPublished

Cited by7 cases

This text of 175 S.E. 382 (Rollins v. Legg) 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

Rollins v. Legg, 175 S.E. 382, 179 Ga. 85, 1934 Ga. LEXIS 224 (Ga. 1934).

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Opinion

Hutcheson, J.

1. The allegations of the petition were sufficient to charge seizure of goods- in this State while being transported by a common carrier through this State from the State of Tennessee to the State of Florida in regular course of interstate commerce. According to these allegations, the seizure was illegal, and an unauthorized interference with interstate commerce. The court erred in dismissing the case on demurrer. Gaines v. Holmes, 154 Ga. 344 (114 S. E. 327); Brennan v. Titusville, 153 U. S. 302 (14 Sup. Ct. 829, 36 L. ed. 719); Act of Congress of March 22, 1933, legalizing 3.2 beer. See 1 U. S. C. A. 175, note 165.

2. The petition prayed for attorney’s fees'on account of bad faith and litigiousness on the part of the sheriff. The plaintiff in his brief does not argue his alleged right to an award of attorney’s fees, and this feature of the case is treated as having been abandoned.

Judgment reversed.

All the Justices concur. Gilbert, J., concurs specially.

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Hutcheson, J.

1. The allegations of the petition were sufficient to charge seizure of goods- in this State while being transported by a common carrier through this State from the State of Tennessee to the State of Florida in regular course of interstate commerce. According to these allegations, the seizure was illegal, and an unauthorized interference with interstate commerce. The court erred in dismissing the case on demurrer. Gaines v. Holmes, 154 Ga. 344 (114 S. E. 327); Brennan v. Titusville, 153 U. S. 302 (14 Sup. Ct. 829, 36 L. ed. 719); Act of Congress of March 22, 1933, legalizing 3.2 beer. See 1 U. S. C. A. 175, note 165.

2. The petition prayed for attorney’s fees'on account of bad faith and litigiousness on the part of the sheriff. The plaintiff in his brief does not argue his alleged right to an award of attorney’s fees, and this feature of the case is treated as having been abandoned.

Judgment reversed.

All the Justices concur. Gilbert, J., concurs specially.

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Bluebook (online)

175 S.E. 382, 179 Ga. 85, 1934 Ga. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollins-v-legg-ga-1934.

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