Georgia Reports Volume 30

Georgia Reports Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...and appellant excepted. B. H. HILL, for plaintiffs in error. MCCAY & Hawxms, contra. The only question in this case is, whether an appeal will lie, upon the report of commissioners appointed under the Act of 1856, to set apart one year's provisions for the family out of the estate of the deceased? We think not. There is no verdict---nojndgment of the Court to appeal from. The Act simply directs the report to he recorded by the Ordinary. This is a mere ministerial Act to preserve the evidence, and to show upon the books of the Ordinary's oflice the manner in which so much of the estate was disposed of, neither can the commissioners, whose report is sought to be set aside, be considered the ordinary pro has vice. This would violate the Constitution, which directs who shall be the Ordinary. JANES vs. TOMLINSON. 1. When the creditor states in his aifidavit under the Garnishment Act, "That he has commenced his action of complaint in the Superior Court of Dougherty county, against Thomas A. J anes, his debtor, and. that he has reason to apprehend the loss of said sum, ($732 Ol) in ac count), or some part thereof, unless summons of garnishment do is sue," it sufliciently identifies the case in which the process is sued out. A garnishment bond is amenduble under the Act of 1856, so as to conform to the law. Garnishment, from Dougherty Superior Court. Defilded by Judge ALLEN, June Term, 1860. RobertL. Tomlinson, pending an action of complaint in his favor against Thomas A. Janes, made his afiidavit and gave bond for process of garnishment in his behalf in said case. At the J nne Term aforesaid, counsel for Janes moved the Court to dismiss said garnishment process, on the ground that the garnishment bond "did not...
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Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • United States
  • English
  • black & white illustrations
  • 1236749049
  • 9781236749048