Georgia Court of Appeals, 1913

McNulty v. Dennard

McNulty v. Dennard
Georgia Court of Appeals · Decided November 25, 1913 · Russell
14 Ga. App. 13; 80 S.E. 34; 1913 Ga. App. LEXIS 383
McNulty v. Dennard

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Russell, C. J.

1. The magistrate did not err in refusing to dismiss the possessory warrant, nor in excluding testimony, nor in rendering a judgment in favor of the plaintiff; and the judge of the superior court properly refused to sanction the petition for certiorari.

2. The possession of whisky or other intoxicating liquor, not obtained in violation of the prohibition law, may be regained by possessory warrant, under such circumstances as would render that form of action available for the recovery of other personal property. Judgment affirmed.

L. C. Hoyl, H. A. Wilkinson, for plaintiff in error. John B. Irwin, contra.

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