Moore v. Smith

• Decision Date: 15 April 1895
• Parties: MOORE v. SMITH et al.
• Court: Georgia Supreme Court

22 S.E. 297

96 Ga. 763

MOORE v. SMITH et al.

Supreme Court of Georgia

April 15, 1895

Syllabus by the Court.

1. Where an order for the speedy sale of personal property levied on under an attachment was granted by a justice of the peace, under the provisions of section 3648 of the Code, there having been no previous notice of the intention to apply for the order, because it was impracticable to have such notice perfected, it was not essential to the validity of the order that it should state the facts showing why the notice was not given. According to the ruling of this court in Wilson v. Garrick, 72 Ga. 660, such an order granted by a justice of the peace was not rendered invalid because it did not fully recite the facts authorizing the sale, strictness of pleading not being required in justices' courts.

2. The claimant having shown title in himself to the property levied upon, and there being no evidence authorizing a finding to the contrary, it was error to adjudge that the property was subject to the plaintiffs' execution.

Error from superior court, Spalding county; John J. Hunt, Judge.

Action by G. P. Smith and others against Charles Lagardo for services. Plaintiffs had judgment, and execution was issued on certain property in possession of defendant. J. P. Moore intervened, claiming the property. Plaintiffs had judgment, and claimant brings error. Affirmed.

G. W. Austin and Adamson & Jackson, for plaintiff in error.

R. T. Daniel and Hammond & Cleveland, for defendants in error.

PER CURIAM.

Judgment affirmed.