Saffold v. Banks
Supreme Court of Georgia
Administrators and Executors. Levy and Sale. Practice in Superior Court. Judgments. Principal and Endorser. Before Judge Snead. Morgan Superior Court. March Term, 1882. A ft. fa. in favor of “ Francis A. Banks, administrator,” against “ Wm. O. Saffold, principal, and Thos. P. Saffold, security,” was levied on certain property as belonging to Thomas P. Saffold.' He filed an affidavit of illegality on the grounds set out in the decision.
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Administrators and Executors. Levy and Sale. Practice in Superior Court. Judgments. Principal and Endorser. Before Judge Snead. Morgan Superior Court. March Term, 1882. A ft. fa. in favor of “ Francis A. Banks, administrator,” against “ Wm. O. Saffold, principal, and Thos. P. Saffold, security,” was levied on certain property as belonging to Thomas P. Saffold.' He filed an affidavit of illegality on the grounds set out in the decision. The first five of these were stricken, and a trial was had on the sixth ground. It being made to appear that Banks was removed from the administration of the…
1Opinion of the Court
Crawford, Justice.
The plaintiff in error in this case filed an affidavit of illegality to an execution which had been levied upon his property, setting up therein six grounds upon which the same was proceeding against him illegally.
Five of these were stricken on demurrer, issue formed on the sixth, a trial had therein, with verdict for the de*292fendant in error, which the court refused to set aside, and that refusal, with the rulings on the demurrer, are assigned as error.
The grounds of the illegality are substantially:
(1.) That the execution is proceeding in the name of Francis A. Banks,…
2Cases cited4 opinions
- Saffold v. WadeSupreme Court of Georgia · 1876
- Armstrong v. LewisSupreme Court of Georgia · 1878
- Bridges v. ThomasSupreme Court of Georgia · 1873
- Little v. IngramSupreme Court of Georgia · 1854
3Cited by15 opinions
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Kennedy v. GeldersCourt of Appeals of Georgia · 1909
- Glisson v. Weil & Co.Supreme Court of Georgia · 1903
- Thornton v. PerrySupreme Court of Georgia · 1897
- Williams v. Farmers State BankCourt of Appeals of Georgia · 1918
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