Levy v. Millman
Supreme Court of Georgia
Rule vs. Sheriff, and motion to distribute money. In Muscogee Superior Court, May Term, 1849, John Millman, who was an attachment judgment creditor of Charles Huff, took a rule nisi, against the Sheriff of Muscogee County, to show cause why he should not pay over the' amount due on the same.
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Rule vs. Sheriff, and motion to distribute money. In Muscogee Superior Court, May Term, 1849, John Millman, who was an attachment judgment creditor of Charles Huff, took a rule nisi, against the Sheriff of Muscogee County, to show cause why he should not pay over the' amount due on the same. The Sheriff made answer, stating the amount in his hands, and that the same was claimed by four different fi. fas — one founded on attachment in favor of Millman, and the others on attachments in favor of James Dawson, John B. Breedlove and Arthur Levy. By an order of the Court, Dawson, Breedlove and Levy…
1Opinion of the Court
*169By the Courts —
Warner, J.
delivering the opinion.
The error assigned to the judgment of the Court below, is, in overruling the objections to the attachments of Millman, Dawson and Breedlove, made by Levy, the plaintiff in error, who was a junior attachment creditor.
[1.] The first objection is to the affidavit of the .attorney at law of the creditor, in which it is stated that Charles Huff, the debtor, is justly indebted to John Millman in the sum of three hundred and sixty dollars. The objection is, that the attorney does not state that Huff is justly indebted to Millman the sum aforesaid, from…
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