113 Ga. 691 | Ga. | 1901
Lead Opinion
Aurelio. Tuells filed a petition to enjoin Eosendo Torras from unloading, from the Cuban brig “ Pablo,” lying at Brunswick, Georgia, a cargo of lumber which the plaintiff had received at that port for shipment to Santa Cruz, Teneriffe; and from otherwise interfering with the plaintiff’s possession of the vfessel or the cargo. Plaintiff alleged that he was the master of the ship and as such was entitled to the possession of the vessel and the cargo. The court refused an injunction, and the plaintiff excepted. From the evidence introduced at the hearing it appeared that the defendant had purchased the vessel from Padrosa, who bought the same at a sale had under an order of the court passed pending the hearing of an attachment which had been sued out by Padrosa against Gonzalez, the former owner of the vessel, on tbe ground that he was a nonresident of the State. The defendant offered in evidence the officer’s entry of the levy of this attachment. This entry did not state
Judgment reversed,
Rehearing
Application for a Rehearing.
After the judgment in this case was rendered and before the remittitur was transmitted to the court below, the defendant in error filed a motion for a rehearing. After a careful examination of the grounds of the motion and of the record in the light thereof, we have reached the conclusion that the judgment as rendered was ¡correct, and therefore that the motion for a rehearing must be de
A rehearing is asked upon the further ground that the court did not pass upon the question as to whether Tuells as the representative of Gonzalez was estopped from raising any question as to-the validity of the entry of levy which was held to be void. In reference to this ground of the motion it is sufficient to say that nowhere in the pleadings in the case was an estoppel set up, nor was this question presented to the court when the case was argued here, although we could not have considered it if it had been presented, for the reason that the question is not raised in the pleadings^
In reference to those grounds of the motion for a rehearing which ask a reconsideration of those questions which were expressly passed upon when the judgment was rendered, we can only say that we are satisfied with the conclusions reached, and see no reason for changing them in any way.
Motion for rehearing denied.