W. P. Green Fruit Co. v. Pate & Co.

Supreme Court of Georgia

W. P. Green Fruit Co. v. Pate & Co.

99 Ga. 60

CourtSupreme Court of Georgia

DecidedMarch 16, 1896

StatusPublished

Cited by1 cases

This text of 99 Ga. 60 (W. P. Green Fruit Co. v. Pate & Co.) 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

W. P. Green Fruit Co. v. Pate & Co., 99 Ga. 60 (Ga. 1896).

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Opinion

Atlcinson, J.

This case is controlled by the decision of this court in the case of Fourth National Bank of Cincinnati v. Mayer, 96 Ga. 728. Judgment affirmed.

Attachment was sued out and levied. Not having been replevied, an order for sale of the property as perishable, after ten days advertising, was regularly granted. At the sale it brought $75, and after paying costs and expenses, $43.32 remained in the hands of the levying officer. The plaintiff in the attachment dismissed it, after which the amount last named, by order of court, was paid over to defendants, who then brought suit upon the attachment bond. Upon the- trial it appeared that the market value of the property when levied upon was $133.20, that defendants paid $25 counsel fees in defense of the attachment suit, and that the costs therein were $8. In defense to this suit on the bond it was set up, that defendants were justly indebted to plaintiff in attachment the amount therein-claimed, that the ground of attachment was true, and that plaintiff in attachment did not fail to recover therein, but dismissed the same before trial; and 'in support of this defense testimony was offered, that the debt upon which the attachment was founded was just and true, and that defendants therein resided without the limits of the State. This plea was stricken on demurrer, and the testimony rejected; whereupon defendants in attachment recovered judgment for $122.88.

Barroio & Osborne, for plaintiff in error. Eckoaré 8. Ettiott, contra.

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Atlcinson, J.

This case is controlled by the decision of this court in the case of Fourth National Bank of Cincinnati v. Mayer, 96 Ga. 728. Judgment affirmed.

Attachment was sued out and levied. Not having been replevied, an order for sale of the property as perishable, after ten days advertising, was regularly granted. At the sale it brought $75, and after paying costs and expenses, $43.32 remained in the hands of the levying officer. The plaintiff in the attachment dismissed it, after which the amount last named, by order of court, was paid over to defendants, who then brought suit upon the attachment bond. Upon the- trial it appeared that the market value of the property when levied upon was $133.20, that defendants paid $25 counsel fees in defense of the attachment suit, and that the costs therein were $8. In defense to this suit on the bond it was set up, that defendants were justly indebted to plaintiff in attachment the amount therein-claimed, that the ground of attachment was true, and that plaintiff in attachment did not fail to recover therein, but dismissed the same before trial; and 'in support of this defense testimony was offered, that the debt upon which the attachment was founded was just and true, and that defendants therein resided without the limits of the State. This plea was stricken on demurrer, and the testimony rejected; whereupon defendants in attachment recovered judgment for $122.88.

Barroio & Osborne, for plaintiff in error. Eckoaré 8. Ettiott, contra.

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Bluebook (online)

99 Ga. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-p-green-fruit-co-v-pate-co-ga-1896.

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