Benton & Brother v. Fish
Court of Appeals of Georgia
Illegality, from city court of Monticello — A. Y. Clement, judge pro hac vice. February 8, 1907. At the regular April term, 1895, of the county court of Jasper county, a judgment was rendered in favor of L. O. Benton & Brother v. Barney Goodman and Aaron Fish. Upon this judgment an execution was issued on April 1, 1895, and on the same day was entered upon the execution docket of the county court, and also upon the execution docket of the superior court.
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Illegality, from city court of Monticello — A. Y. Clement, judge pro hac vice. February 8, 1907. At the regular April term, 1895, of the county court of Jasper county, a judgment was rendered in favor of L. O. Benton & Brother v. Barney Goodman and Aaron Fish. Upon this judgment an execution was issued on April 1, 1895, and on the same day was entered upon the execution docket of the county court, and also upon the execution docket of the superior court. On December 13, 1901, the sheriff made an entry of nulla bona upon the execution, and on the same date this entry was recorded upon the…
1Opinion of the CourtHill, C. J.
This ease is controlled by the decisions of the Supreme Court in Nowell v. Haire, 116 Ga. 386; Smith v. Bearden, 117 Ga. 822; and Palmer v. Inman, 126 Ga. 519. Civil Code, §§ 3261, 3762.
Judgment affirmed.
At the regular April term, 1895, of the county court of Jasper county, a judgment was rendered in favor of L. O. Benton & Brother v. Barney Goodman and Aaron Fish. Upon this judgment an execution was issued on April 1, 1895, and on the same day was entered upon the execution docket of the county court, and also upon the execution docket of the superior court. On December 13, 1901, the sheriff…
2Cases cited3 opinions
- Nowell v. HaireSupreme Court of Georgia · 1902
- Palmer v. InmanSupreme Court of Georgia · 1906
- Smith, Barry & Co. v. BeardenSupreme Court of Georgia · 1903
3Cited by1 opinion
- Dunlap Hardware Co. v. TharpCourt of Appeals of Georgia · 1907