Covington v. &elliott
| Decision Date | 31 December 1866 |
| Citation | Covington v. &elliott, 35 Ga. 156 (Ga. 1866) |
| Parties | RICHARD B. COVINGTON, plaintiff in error. v. COTHRANS &ELLIOTT, defendants in error. |
| Court | Georgia Supreme Court |
*Certiorari.In Floyd Superior Court.Decided by Judge Featherston.July Term, 1866.
On the third of April, 1866, an attachment for a debt oftwelve hundred dollars, was issued by a Justice of the Peace, at the instance of the defendants in error, against the plaintiff in error, and made returnable to the the Inferior Court, May Term, 1866.At said Term of the County Court, the defendant in attachment moved to dismiss it, on the ground that after the 17th day of March, 1866, the Inferior Court had no jurisdiction of such a case.
The County Court so ruled, and passed an order dismissing the attachment.
Upon Certiorari, the Superior Court reversed said order, and directed the cause to be reinstated.
This is now complained of as error.
Alexander, for plaintiff in error.
Underwood & Smith, for defendants.
We find no error in this record.The Justice was by law authorized to issue the attachment; in this, he was acting as a ministerial officer, and the mistake in the name of the Court to which he made the attachment returnable, was amendable.The County Court was substituted for the Inferior Court; the powers of the latter transferred to the former; and the semi-annual terms of the County Court held at the same times as the Inferior Court had been.The defendant was not ignorant of the Court to which the process was returned, for he appeared at the proper term, and objected to the proceedings, because a...
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Rhodes v. Cont'l Furniture Co
...the defendant appeared at the trial and testified, though that trial resulted in a confession of judgment by the plaintiff. See Covington v. Cothrans, 35 Ga. 156; Blake v. Camp, 45 Ga. 298; Townsend v. Stoddard, 26 Ga. 430; Williams v. Buchan-nan, 75 Ga. 789; R. & D. R. Co. v. Benson, 86 Ga......
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Stalvey v. Varn Motors & Finance Co.
...had been used by the mistake of a ministerial officer for the word 'County.' The time for such trifling is past." Covington v. Cothrans & Elliott, 35 Ga. 156, 158. judge did not err in allowing the plaintiff to amend the writ of purchase-money attachment issued by the judge of the city cour......
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Stalvey v. Varn Motors & Finance Co
...had been used by the mistake of a ministerial officer for the word 'County.' The time for such trifling is past." Covington v. Cothrans & Elliott, 35 Ga. 156, 158. The judge did not err in allowing the plaintiff to amend the writ of purchase-money attachment issued by the judge of the city ......
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Richmond & D.R. Co. v. Benson
... ... law for holding the court was the fourth Monday in April, and ... the court held the process amendable. In Covington v ... Cothrans, 35 Ga. 156, it was held that an attachment ... issued on the 3d of April, 1866, returnable to the ... "inferior" court, was ... ...