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11 Ga. App. 45

Smith v. Whelchel

Court of Appeals of Georgia

Decided April 2, 1912

Court of Appeals of Georgia · decided 1912-04-02

<p>Certiorari; from Hall superior court — Judge J. B. Jones. July 26, 1911.</p>

Cited by 1 later decisions — most recently January 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1912-04-02

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Hill, C. J.

¶1Where one of the animals designated in § 2032 of the Civil Code (1910) has been impounded, as authorized by § 2033, and has subsequently been disposed of by the taker-up as provided by law in cases of estrays, a possessory warrant to recover the animal will not lie in favor of its owner against the taker-up; but the owner is relegated to the provisions of § 2034 of the Civil Code for the recovery of his property so impounded and the determination of the relative rights arising between him and the taker-up, and the adjustment and settlement of any damages claimed by either in connection with the impounding.

¶2Judgment reversed.

Certiorari; from Hall superior court — Judge J. B. Jones. July 26, 1911.Ed. Quillian, Luther Roberts, for plaintiff in error.W. B. Sloan, A. G. Wheeler, contra.
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