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ROBERTS v. MACAULAY

28848.

232 Ga. 660 (1974)

208 S.E.2d 478

ROBERTS v. MACAULAY.

Supreme Court of Georgia.

Decided September 4, 1974.

Attorney(s) appearing for the Case

Bell & Desiderio, Charles R. Desiderio, Robert J. Abrams, for appellant.

Arthur K. Bolton, Attorney General, Wayne P. Yancey, Assistant Attorney General, amicus curiae.

HALL, Justice.

This appeal calls into question the constitutionality of Georgia's possessory warrant proceeding, Code § 82-101 et seq. (Ga. L. 1821, Cobb, 591). The statute, originally designed for the recovery of stolen or run-away slaves, provides a summary means of bestowing possession of disputed property pending suit for its return.

Alan Roberts brings the appeal from a judgment of the Fulton County Civil Court granting possession of disputed household...

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