Mosely v. Sanders
Supreme Court of Georgia
Judgments. Statute of Limitations. Sheriffs. Illegality. Damages. Before Judge John T. Clarke. Early Superior^Court. October Term, 1885. To the report contained in the decision, it is necessary to add only the grounds of the motion for a new trial, which were as follows: (1.) Because the verdict was contrary to law and evidence.
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Judgments. Statute of Limitations. Sheriffs. Illegality. Damages. Before Judge John T. Clarke. Early Superior^Court. October Term, 1885. To the report contained in the decision, it is necessary to add only the grounds of the motion for a new trial, which were as follows: (1.) Because the verdict was contrary to law and evidence. (2.) Because the court charged that, if the defendant, while sheriff, levied a fi. fa. which was dormant on the land .of the plaintiff and proceeded to sell it, notwithstanding the plaintiff presented him an affidavit of illegality, setting up lawful and true reasons…
1Opinion of the Court
Jackson, Chief Justice.
This is an action brought against the sheriff for’damages in levying a dormant judgment and declining to receive an affidavit of illegality, thereby forcing the plaintiff in the present suit to purchase the land and damaging him thereby. The jury found for the plaintiff, and the case comes before us for review. •
1. Was the judgment dormant? It was rendered in April, 1866, fi.fa. issued in May, and delivered to the sheriff in October of the same year. This fi.fa. was lost, and an alias was issued at the April term, 1875, and levied on the lands of the defendant in…
2Cases cited4 opinions
- Sullivan v. HearndenSupreme Court of Georgia · 1852
- Smith v. DicksonSupreme Court of Georgia · 1851
- Turner v. GrubbsSupreme Court of Georgia · 1877
- Smith v. WhiteSupreme Court of Georgia · 1879
3Cited by13 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Williams v. HarrisSupreme Court of Georgia · 1951
- Vogtle v. ColemanSupreme Court of Georgia · 1989
- Standard Oil Co. v. Mount Bethel United Methodist ChurchSupreme Court of Georgia · 1973
- Moon v. Georgia Power Co.Court of Appeals of Georgia · 1972
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