Legal Opinion

Morris v. First National Bank

Court of Appeals of Georgia

Decided May 3, 1917No. 8212PublishedCited by 2 opinions

Money rule; from Berrien superior court—Judge Thomas. September 26, 1916.

1Opinion of the CourtBroyles, P. J.

1. It does not appear that the discretion of the trial judge, in refusing to grant a continuance in the case, was abused.

2. Where money is in the hands of an officer, he may pay it over to the plaintiff by whose process it was raised, unless other claimants deposit their liens with him. Notice to retain it, unaccompanied by the lien, is insufficient. Civil Code, § 5348; Strickland v. Smith, 53 Ga. 80.(a) In this case it appears that at the time of the levy and sale of the property under the execution of the defendant in error, there were two senior executions, based upon older judgments.…

2Cases cited2 opinions

  1. Atlanta Trust & Banking Co. v. NelmsSupreme Court of Georgia · 1902
  2. Glenn v. BlackSupreme Court of Georgia · 1860

3Cited by2 opinions

  1. Texas Company v. HallCourt of Appeals of Georgia · 1940
  2. Denny v. C. L. Fain Co.Court of Appeals of Georgia · 1951

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