Anderson v. Blythe
Supreme Court of Georgia
Executions. Evidence. Presumptions. Before Judge Knight. Cobb Superior Court. November Term, 1874. For the facts of this case, see the opinion.
1Opinion of the Court
Bleckley, Judge.
Money in court was raised by sale of property under the older of two judgments. Plaintiff in the younger, in order to take the money, attacked the older as paid off. This was the issue tried by the jury. Fi. fa. on the older judgment was issued in 1861. The execution docket, for some reason, was not introduced, but the person who was then clerk testified, without objection, that the records and dockets showed that the fi.fa. was issued and handed to the sheriff. Nothing more appears in reference to the custody of the fi. fa. until some time in 1863, when the plaintiff paid…
2Cited by20 opinions
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- Coleman & Burden Co. v. RiceSupreme Court of Georgia · 1898
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