Bailey v. Strohecker
Supreme Court of Georgia
Mandamus. Demurrer. Decided by Judge Cole. Bibb Superior Court. June Term, 1868. On the 30th of April, 1866, Samuel Bailey sued out attachment against Jerry Cowles, as a non-resident of this State. It was levied as follows : “ I have this day levied this attachment on fifty (50) shares of stock of the Empire State Iron and Coal Mining Company, and served E. L. Strohecker, President, with a copy of this attachment, 30th April, 1866, at 12£ P. M. Pat. Crown, Deputy Sheriff.
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Mandamus. Demurrer. Decided by Judge Cole. Bibb Superior Court. June Term, 1868. On the 30th of April, 1866, Samuel Bailey sued out attachment against Jerry Cowles, as a non-resident of this State. It was levied as follows : “ I have this day levied this attachment on fifty (50) shares of stock of the Empire State Iron and Coal Mining Company, and served E. L. Strohecker, President, with a copy of this attachment, 30th April, 1866, at 12£ P. M. Pat. Crown, Deputy Sheriff. On the 2d of July, 1866, Bailey filed his declaration thereon, declaring upon a promissory note made by Cowles, payable to…
1Opinion of the CourtBeown, C. J.
We are satisfied the Court erred in ruling that mandamus was not the proper remedy in this case. Section 3222 of the Revised Code points out the mode of levying an attachment upon the stock of a corporation, owned by the defendant in attachment.
Section 3223 declares void all transfers of his stock, made by the defendant, after the attachment has been levied, and provides for the sale of the stock by the sheriff.
' Section 3224 declares that “ certificates of purchase shall be granted by the officer selling, as prescribed in case of exe*261rations, and on presentation of such certificates to the…
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