115 Ga. 725 | Ga. | 1902
Lead Opinion
A lien for supplies was foreclosed in a justice’s court by Gilmore against Smith as his tenant. Certain property of Smith’s was levied upon under this fi. fa., and sold. The constable refused to turn over the proceeds to Gilmore, and the latter obtained a rule nisi against him. The constable answered that he had other fi. fas. in his hands claiming the funds. On the trial of the case on appeal to a jury in the justice’s court, the verdict was unsatisfactory to Gilmore, and he sued out a writ of certiorari, which was sanctioned by the judge of the superior court. Bailey was the attorney at law for Gilmore. He waited until the last day .allowed by law to give the opposite party notice of the sanction .and of the time and place of hearing. Ascertaining that he then had not sufficient time to serve the notice personally or by mail on the ■opposite party (who lived in a distant city), he went to a telegraph ■office and, according to his testimony, made a contract for the de
Judgment reversed.
Concurrence Opinion
I concur in the judgment in this case, but dissent from the proposition announced in the second headnote.