Whitaker v. Pergerson

Supreme Court of Georgia

Whitaker v. Pergerson

74 Ga. 820, 1885 Ga. LEXIS 416

DecidedMarch 10, 1885

StatusPublished

This text of 74 Ga. 820 (Whitaker v. Pergerson) 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

Whitaker v. Pergerson, 74 Ga. 820, 1885 Ga. LEXIS 416 (Ga. 1885).

Pincite

Opinion

Hall, Justice.

[A fi. fa. in favor of B. H. Brown & Brother, against Mr. and Mrs. Thomas Hopson, was levied on a horse, which was claimed by P. O. Whitaker on behalf of his firm, P. [821]*821H. Whitaker & Son. Whitaker purchased and took a transfer of the fi. fa., causing the plaintiff first to dismiss the levy on the horse. He then had’it levied on a mule, to which Pergerson interposed a claim. On the trial, it appeared that Pergerson had made an exchange with Hop-son, receiving the mule and giving Hopson the horse ; that Whitaker & Son obtained the horse from Hopson; and that it was worth more than the amount of thefi. fa. In the justice’s court, the mule was found subject. Claimant appealed to a jury, and after their verdict, carried the case to the superior court by certiorari. The court held that the mule was not subject, and rendered final judgments» that effect. Plaintiff excepted.]

Free access — add to your briefcase to read the full text and ask questions with AI

Hall, Justice.

[A fi. fa. in favor of B. H. Brown & Brother, against Mr. and Mrs. Thomas Hopson, was levied on a horse, which was claimed by P. O. Whitaker on behalf of his firm, P. [821]*821H. Whitaker & Son. Whitaker purchased and took a transfer of the fi. fa., causing the plaintiff first to dismiss the levy on the horse. He then had’it levied on a mule, to which Pergerson interposed a claim. On the trial, it appeared that Pergerson had made an exchange with Hop-son, receiving the mule and giving Hopson the horse ; that Whitaker & Son obtained the horse from Hopson; and that it was worth more than the amount of thefi. fa. In the justice’s court, the mule was found subject. Claimant appealed to a jury, and after their verdict, carried the case to the superior court by certiorari. The court held that the mule was not subject, and rendered final judgments» that effect. Plaintiff excepted.]

Cite This Page — Counsel Stack

Bluebook (online)

74 Ga. 820, 1885 Ga. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitaker-v-pergerson-ga-1885.