100 Ga. 316
Decided January 21, 1896
Supreme Court of Georgia · decided 1896-01-21
Certiorari. Before Judge Lumpkin. Fulton superior ■court. September term, 1895. On September 14, 1894, Witte obtained judgment against Hardee in a justice’s court, and thereupon an execution was issued October 1, 1894, which, on October 9, 1894, was levied by a constable upon a horse and wagon, and the same was advertised to be sold on October 22, 1894.
Relies on Bazemore v. Davis · Rogers v. Bennett · Hall v. Carlisle
Good law ✅— No negative treatment on recordhow we know
Decided 1896-01-21
Cited by 4 later decisions — most recently January 1932
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Where 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.
¶2Judgment affirmed.