Supreme Court of Georgia, 1890

Shiver v. Williams

Supreme Court of Georgia · Decided June 2, 1890 · Blandford

85 Ga. 583; 11 S.E. 876; 1890 Ga. LEXIS 104

Cases that cite this one

1 later published case cites this decision.

McCurry v. City of Rome (Ga. Ct. App. 1915)

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Opinion of the Court

Blandford, Justice.

Williams sued out a distress warrant, which was levied upon certain property, and Shiver, claimed the property as exempt from levy and sale, under section 2040 of the code. The justice before whom the case was tried gave judgment in favor of Shiver. Wilhams applied to the judge of the superior court for a writ of certiorari, which was granted ; and upon the hearing of the case the court sustained the certiorari; and Shiver thereupon excepted.

*585We think the court erred in sustaining the certiorari. The property levied upon had been properly exempted by the ordinary, and there appears to have been no evidence introduced before the magistrate' to show that it was subject to the distress warrant.

The judgment is therefore Reversed.

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