Fuller v. Dowdell
Supreme Court of Georgia
Illegality. Executions. Liens. Record. Principal and surety. Practice. Before Judge Wellborn. Habersham superior court. September term, 1889. On January 26, 1885, the comptroller-general issued an execution against E. Fuller, tax-collector, and his sureties, M. Fuller, J. P. Phillips, O. J. Reynolds and M. Parker, for $1,995.84 taxes collected for 1884, with twenty per cent, per annum and costs.
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Illegality. Executions. Liens. Record. Principal and surety. Practice. Before Judge Wellborn. Habersham superior court. September term, 1889. On January 26, 1885, the comptroller-general issued an execution against E. Fuller, tax-collector, and his sureties, M. Fuller, J. P. Phillips, O. J. Reynolds and M. Parker, for $1,995.84 taxes collected for 1884, with twenty per cent, per annum and costs. On the 4th of the next May, it was levied on lands as the property of E. Fuller and of O. J. Reynolds; and on the next July 27th, all that was due on it was the sum of $427, which, 0,11 that day, was…
1Opinion of the Court
Simmons, Justice.
1. The facts of this case will be fouud in the official report; and under these facts, there was no error in the ruling of the court complained of in the first ground taken in the bill of exceptions. Mrs. Bass was not one of the defendants in the tax-execution, and it was ad*466mitted at the trial that it was her money which was paid to the comptroller-general, and not the money of Phillips, the co-surety in the execution. Mrs. Bass, having made the payment on the execution, had the right, under section 891(a) of the code, to have it transferred to her, and it was properly…
2Cases cited1 opinion
- Hoyt v. ByronSupreme Court of Georgia · 1881
3Cited by4 opinions
- Wilson v. HerringtonSupreme Court of Georgia · 1891
- Funkhouser v. MaleSupreme Court of Georgia · 1900
- Hill v. Georgia State Building & Loan Ass'nSupreme Court of Georgia · 1904
- Interstate Bond Co. v. Phœnix Mutual Life InsuranceSupreme Court of Georgia · 1936