Watson v. Halsted, Taylor & Co.
Supreme Court of Georgia
Illegality, in Pulaski Superior Court. Tried before Judge Hansell, October Term, 1850. This was an affidavit of illegality filed by Robert N. Taylor, one of the firm of Halsted, Taylor & Co. to an alias -fi.fa. issued in favor of Fellows, Wardsworth & Co. and controlled by Jacob Watson, upon the following grounds, artiong others: 1st. Because the alias fi.fa. was issued by the Clerk, upon the application of Watson, without any petition to or order from the Superior Court, or…
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Illegality, in Pulaski Superior Court. Tried before Judge Hansell, October Term, 1850. This was an affidavit of illegality filed by Robert N. Taylor, one of the firm of Halsted, Taylor & Co. to an alias -fi.fa. issued in favor of Fellows, Wardsworth & Co. and controlled by Jacob Watson, upon the following grounds, artiong others: 1st. Because the alias fi.fa. was issued by the Clerk, upon the application of Watson, without any petition to or order from the Superior Court, or any affidavit showing the loss or destruction of the original. 2d. Because it does not appear anywhere of record, that…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Jacob Watson, holding, an execution, by assignment' from-*277Fellows, Wardsworth & Co. against Halsted, Taylor & Co. caused it to be levied on the property of Robert N. Taylor, one of the defendants, who arrested the fi. fa. by an affidavit of illegality, on the ground that it had issued without authority of law.
The facts are these: The original execution was returned to the office, with the entry of “ no property,” by the Sheriff. Upon being applied for by Watson,, the transferee, it could not be found; whereupon the Clerk issued this alias fi. fa.…
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