JOHNSON v. KINARD

38481.

102 Ga. App. 835 (1960)

117 S.E.2d 891

JOHNSON v. KINARD.

Court of Appeals of Georgia.

Rehearing Denied December 12, 1960.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Ben F. Johnson, Louis F. McDonald, Deputy Assistant Attorneys-General, for plaintiff in error.

Nicholson & Fleming, William M. Fleming, Jr., Harris, Chance, McCracken & Harrison, Roy V. Harris, contra.


FELTON, Chief Judge.

1. A possessory warrant will not lie to recover property seized by a public officer in performance of his duties. Raiford v. Hyde, 36 Ga. 93; King v. Ford, 70 Ga. 628.

2. In order to prevail in the trial court in this case it was incumbent on the defendant in error to prove that the personal property was taken and carried away as alleged in the affidavit and that the whisky had been in the peaceable and legally acquired possession...

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