Smith v. Whelchel

Court of Appeals of Georgia

Smith v. Whelchel

74 S.E. 573, 11 Ga. App. 45, 1912 Ga. App. LEXIS 250

CourtCourt of Appeals of Georgia

DecidedApril 2, 1912

Docket3747

StatusPublished

Cited by1 cases

This text of 74 S.E. 573 (Smith v. Whelchel) 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

Smith v. Whelchel, 74 S.E. 573, 11 Ga. App. 45, 1912 Ga. App. LEXIS 250 (Ga. Ct. App. 1912).

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Opinion

Hill, C. J.

Where one of the animals designated in § 2032 of the Civil Code (1910) has been impounded, as authorized by § 2033, and has subsequently been disposed of by the taker-up as provided by law in cases of estrays, a possessory warrant to recover the animal will not lie in favor of its owner against the taker-up; but the owner is relegated to the provisions of § 2034 of the Civil Code for the recovery of his property so impounded and the determination of the relative rights arising between him and the taker-up, and the adjustment and settlement of any damages claimed by either in connection with the impounding.

Judgment reversed.

Certiorari; from Hall superior court — Judge J. B. Jones. July 26, 1911.

Ed. Quillian, Luther Roberts, for plaintiff in error. W. B. Sloan, A. G. Wheeler, contra.

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Hill, C. J.

Where one of the animals designated in § 2032 of the Civil Code (1910) has been impounded, as authorized by § 2033, and has subsequently been disposed of by the taker-up as provided by law in cases of estrays, a possessory warrant to recover the animal will not lie in favor of its owner against the taker-up; but the owner is relegated to the provisions of § 2034 of the Civil Code for the recovery of his property so impounded and the determination of the relative rights arising between him and the taker-up, and the adjustment and settlement of any damages claimed by either in connection with the impounding.

Judgment reversed.

Certiorari; from Hall superior court — Judge J. B. Jones. July 26, 1911.

Ed. Quillian, Luther Roberts, for plaintiff in error. W. B. Sloan, A. G. Wheeler, contra.

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Bluebook (online)

74 S.E. 573, 11 Ga. App. 45, 1912 Ga. App. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-whelchel-gactapp-1912.

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