Supreme Court of Georgia, 1896

Maddox v. Witte

Maddox v. Witte
Supreme Court of Georgia · Decided January 21, 1896
100 Ga. 316; 27 S.E. 163; 1896 Ga. LEXIS 583

Maddox v. Witte

Opinion of the Court

Simmons, C. J.

Where a claim case in a justice’s court was dismissed by the justice because the claim was not filed in time, it appearing without contradiction tha/t the claim was filed ■after the time t'he property was to have been sold according to ithe advertisement of the constable, certiorari and not appeal was the remedy for the claimant. Small v. Sparks, 69 Ga. 745; Rogers v. Bennett, 78 Ga. 707; Hall v. Carlisle, 92 Ga. 318.

Judgment affirmed.

All the Justices concurring. Maddox & Terrell, for plaintiffs in error. G. B. Reynolds, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.