Mize v. Ells

Decided June 15, 1857

Supreme Court of Georgia · decided 1857-06-15

Claim in Sumter Superior Court. Decision by Judge Allen, at March Term, 1857. The Sheriff of Sumter connly, by virtue of ay?, fa. issued, at the suit of Henry N. Ells vs. Mize & Dupree, levied on two billiard tables as the property of defendants. Francis M. Mize interposed his claim to the property levied on, and' the case was submitted to a ju cy.

Cited by 1 later decisions — most recently August 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-06-15

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¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3By the Act of 1821, {Cobb 533,) a party may withdraw his claim once at his own instance, and without the consent *566of the plaintiff in execution. May this privilege be exercised on the first trial, at any time, before the jury have retired to consider of the case? We see nothing in the statute itself, nor in the reason of the law, which restricts the exercise of this right, as was done by the Court in this case.

¶4Our judgment consequently is, that the decision below be reversed.

¶5Judgment reversed.