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Hosch v. Smith

Hosch v. Smith, 115 S.E. 646 (Ga. 1923)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
January 20, 1923
Docket
No. 3155
Judges
Atkinson
Citations
115 S.E. 646154 Ga. 7891923 Ga. LEXIS 394

Opinion of the Court — Atkinson

Text extracted by OCR from a scanned original; check the original for exact wording.

Atkinson, J.

This is a contest on a money rule, and involves competition between a mortgage fi. fa., based on the judgment of foreclosure of an unrecorded mortgage, and an execution based upon a judgment in attachment, the attachment having been levied after commencement of the suit to foreclose the mortgage and prior to the judgment absolute rendered in that case. Under the pleadings and the evidence no facts were involved which would entitle either party to equitable relief. The remedy is purely statutory; and the case is not of that class of which the Supreme Court has jurisdiction, but is of the Mass of which the Court of Appeals has jurisdiction. Elmore v. Southern Bank & Trust Co., 150 Ga. 811 ( 105 S. E. 474 ).

Transferred to Court of Appeals...

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11930: 11932: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. Alsabrook v. Prudential Insurance163 S.E. 706 (Ga. 1932)
  2. Burkhalter v. Virginia-Carolina Chemical Co.152 S.E. 98 (Ga. 1930)
  3. Hosch v. Smith119 S.E. 667 (Ga. Ct. App. 1923)

Most recent

  1. Alsabrook v. Prudential Insurance163 S.E. 706 (Ga. 1932)
  2. Burkhalter v. Virginia-Carolina Chemical Co.152 S.E. 98 (Ga. 1930)
  3. Hosch v. Smith119 S.E. 667 (Ga. Ct. App. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Elmore v. Southern Bank & Trust Co., 105 S.E. 474 (Ga. 1921) 7

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