York v. Clopton
Supreme Court of Georgia
Bill in equity, and application for an injunction, in Polk Superior Court, decided by Judge Dennis E. Hammond, at Chambers, on the 22d of November, 1860. Several writs of fieri facias, issued from a J ustice's Court of Paulding county, some in favor of David Clopton, some in favor of Ephraim Thompson, and some in favor of other persons, against Berrien Williams, were levied by A. B. Davidson, a constable, upon certain negro slaves, as the property of the defendant, Williams,…
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Bill in equity, and application for an injunction, in Polk Superior Court, decided by Judge Dennis E. Hammond, at Chambers, on the 22d of November, 1860. Several writs of fieri facias, issued from a J ustice's Court of Paulding county, some in favor of David Clopton, some in favor of Ephraim Thompson, and some in favor of other persons, against Berrien Williams, were levied by A. B. Davidson, a constable, upon certain negro slaves, as the property of the defendant, Williams, and by said constable the fi. fas., and the property levied on, were returned to Josiah C. York, the sheriff of Polk…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
This was an application, by bill in equity, for the writ of injunction to enjoin the collection or prosecution of .an attachment issuing out of, and founded on, a rule .absolute in the Superior Court of Polk county, against Josiah York, as sheriff of that county, in favor of David Clopton and others, as plaintiffs, in certain executions against one Berrien Williams. The application was based on several grounds set out in the bill, all of which I will notice in their proper order hereafter, and the injunction refused on all the grounds. This refusal…
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