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FUTCH v. AUTOMOBILE FINANCING, INC.

34860.

89 Ga. App. 634 (1954)

80 S.E.2d 697

FUTCH v. AUTOMOBILE FINANCING, INC.

Court of Appeals of Georgia.

Decided February 11, 1954.

Attorney(s) appearing for the Case

Dewey Smith, James C. Holcombe, for plaintiff in error.

Tindall & Tindall, L. C. Hames, Jr., contra.

QUILLIAN, J.

The plaintiff in error (defendant in the trial court) predicated his right to maintain the petition filed by him under provisions of Code § 107-209, reading as follows: "When the plaintiff in a trover suit has replevied the property and, on the trial of the case, fails to recover or dismisses his petition, the defendant, instead of suing on the replevy bond, may recover the property and its hire, or the...

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