Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-26
THE SUPREME COURT.
Decisions in Cases Having a Local Inter
est-Judgments Affirmed and Re
Yersed.

Decisions in Cases Having a Local Inter
est-Judgments Affirmed and Re
Versed.
The following are the Supreme Court
decisions IN a number Of cases having a
local interest, and which have already
been announced in the NEWS:
Taylor VS.. Benjamin. From Efingham
Garnishment. Before Judge Adams.
BLANDFORD J-Altnough gaTnishm ent
cannot Issue on distress warrant, yet,
where a garnishment was so issued and
served, and the garnishee answered, ad-
uniting Indebtedness, whereupOn the
Justice rendered judgment for the
amount admitted, collected the amount
and paid IL over to the plaintiff in the dis
tress amount, the Judgment was merely
erroneous; and the garnishee having
made no objection, and the judgment
! having been executed, rule would not
lie in favor OF the defendant ia the dis
tress warrant against the Justice to com
pei the payment to such defendant Of the
amount so collected and paid. "a Ga,
l7o; Code, S3s6l.
Judgment reversed.
McAlpin vs.. Barley, Sheriff. From City
Court OF Savannah.
BLANDFORD, j.
Where one took deed to land to secure
debt and gave bond torecOnVey upon its
payment, and subsequently brought suit
and recovered general judgment against
the debtor, and filed and bad recorded a
deed recOnyeying the land, and there
upon caused it to be levied on and sold,
such Judgment was entitled to the fund
arising from the sale in preference to an
older judgment, rendered since the con-
yeyance 10 secure the debt was made. 1t
Is not necessary that such a judgment
should set forth any specific lien or right
OF priority; but where the facts appear
from the untraversed answer of the Sheriff
the fund will be awarded to such judg-
ment. Coleman, Sheriff, ct al. VS.. Slade
and Etheridge October term, 1851.
Judgment affirmed.
Williams VS.. Suffer, from Chatham. Be-
fore Judge Adams
HALL, j.
The civil Jurisdiction of Justices
court is limited to cases at issue ex con-
tractu and cases Of injuries or damages
to personal property, where the principal
sum does not exceed 500. A Justice has
no jurisdiction to render a judgment for
damages in an action for suing ont gar.
nishment mallclously and without prob
able cause; II be does so, such judgment
may be attacked by affidavit OF illegality.
Code 1854.
.. The case brought up by certiorari
was only that made upon the affidavit of
Illegally to the execution issuing from
this void judgment, and when the appli-
cant Tor the writ had paid all costs accru-
ing in thai case, and given the bond and
security required by law, she had COM
piled with the conditions which entitled
her to it. Code, s4054.
Judgment affirmed.
Central Railroad and Banking Company
VS.. Harris, from City Court Of Atlanta.
JACKSON, CD.
l. IL was error to instruct the Jury that
the omission of the employees Of the plain
tiff IN error to ring the bell on it's engine
as it left the depot was negligence, with
out further instructing them that it was
not negligence which could affect the hus-
band Of defendant in error If his death
was caused solely by his own neglige nee
IN jumping of the train while in motion,
Notwithstanding an iron rail barrier was
in his way over which be leaped, and
thereby fell between two cars and was
thus killed; tae railroad company insist
ing on the defense mentioned and there
being some evidence to sustain it.
ca The railroad company could set up
either that plaintiffs husband caused his
death by his own negligence, or that ne
could have avoided it by the exercise Of
ordinary care. These defenses are dis
tinct-COde. sections 3034, 1912.
,. 1t is the duty of the Judge in his
charge to the jury to cover substantially
the issues MADE in the case, and this he
must do, whether he be specially re-
quested so to do or his attention be called
thereto, or not.
If, after he has done so. more specific
instruction is desired, then it must be re-
quested by council. "a Ga, $50; 60 Ca,
664, etc.
3. No other error appears.
Judgment reversed.