59 Ga. 653 | Ga. | 1877
After this litigation was remanded to the court below by the judgment of this court in 56 Ga., 150, another trial took place, which resulted in awarding the whole fund to the Columbus Iron Works Company. Loudon, the assignee in bankruptcy, and Mrs. Smith, plaintiff in the distress warrant for rent, moved for a new trial, and the motion was overruled.
Cited for plaintiffs in error, (failure to sue) 3 Bank. Reg., 658; 8 Ib., 123; 14 Ib., 542; 49 Ga., 506; 56 Ib., 150; Irwin’s Code, §1962; (strict construction) 30 Ga., 527; (lien on land- — surrender or exhaustion) Bump Bank., 85, 86, 432. Cited for defendant in error, (practice) 56 Ga., 153 ; 55 lb., 58, 649 ; (suit unnecessary or excused) Irwin’s Code, § 1961; 32 Ga., 192; 51 Ib., 163, 164; 26 Ib., 426; 3 Kelly, 532;
Judgment reversed.