Boyles v. Bank of State
Supreme Court of Georgia
Rule against constable. Before Judge Lumpkin. Fulton superior court. March term, 1894. Plaintiff sued out a distress warrant returnable November 27, 1893, for $45 rent claimed to be due from Singer & Miller. The warrant was placed in the hands of Boyles, constable, to be executed; and he made levy. Singer & Miller filed no counter-affidavit, and gave no bond for the eventual condemnation money; but the constable took from them a forthcoming bond for the goods levied on.
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Rule against constable. Before Judge Lumpkin. Fulton superior court. March term, 1894. Plaintiff sued out a distress warrant returnable November 27, 1893, for $45 rent claimed to be due from Singer & Miller. The warrant was placed in the hands of Boyles, constable, to be executed; and he made levy. Singer & Miller filed no counter-affidavit, and gave no bond for the eventual condemnation money; but the constable took from them a forthcoming bond for the goods levied on. In answer to a rule brought by plaintiff for failure to make the money under the warrant, the constable set up the…
1Opinion of the CourtSimmons, C. J.
A distress warrant duly issued and placed in the hands of an officer to be executed, can be arrested only by the counter-affidavit and bond for the eventual condemnation money prescribed by section 4083 of the code; and if no such affidavit and bond be filed by the defendant, the officer cannot, in resistance to a rule, justify or excuse a failure to make the money by showing that he inadvertently took, without affidavit, a bond other than that prescribed by law; nor does the return of such a bond make an issue for trial between the plaintiff and the defendant in the *797distress warrant. Huckaby…
2Cases cited2 opinions
- Reeves v. ParishSupreme Court of Georgia · 1887
- Huckaby v. BrooksSupreme Court of Georgia · 1885
3Cited by3 opinions
- Hardy v. PossSupreme Court of Georgia · 1904
- Banks v. StateCourt of Appeals of Georgia · 1923
- Hicks v. Warfield & Co.Court of Appeals of Georgia · 1913