Oliver v. Warren
Supreme Court of Georgia
Action on bond. Before Judge Proffitt. City court of Elberton. February 22, 1905. A fi. fa. in favor of A. S. Oliver and against D. H. Warren, issued from the justice’s court for the 202d district, G. M., Elbert county, was placed in the hands of W. H. Irwin Jr., bailiff of the county court, for the purpose of levy.
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Action on bond. Before Judge Proffitt. City court of Elberton. February 22, 1905. A fi. fa. in favor of A. S. Oliver and against D. H. Warren, issued from the justice’s court for the 202d district, G. M., Elbert county, was placed in the hands of W. H. Irwin Jr., bailiff of the county court, for the purpose of levy. He proceeded to make a levy on certain cotton as the property of the defendant in fi. fa., who, as the head of a family consisting of himself and four minor children, interposed a claim on the ground that the cotton was exempt from levy and sale, being the proceeds of a homestead…
1Opinion of the Court
EváNS, J.
(After stating the facts.) In the various code sections regulating the practice in a justice’s court, there is no specific form of direction of an execution to any particular officer. Mesne process is directed to and served by constables. Civil Code, §4116„. Final process may be executed by any officer empowered to serve mesne process, unless there is a statutory inhibition. Hence constables may levy executions from a justice’s court; and, by the Civil Code, §4381, sheriffs are also empowered to serve and execute-both mesne and final process issued from justices’ courts. The regular…
2Cases cited13 opinions
- Barnes v. CarterSupreme Court of Georgia · 1904
- Gunn v. TackettSupreme Court of Georgia · 1881
- Osborne v. RiceSupreme Court of Georgia · 1899
- Cohen v. BroughtonSupreme Court of Georgia · 1875
- Markham v. RossSupreme Court of Georgia · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cooper v. RicketsonCourt of Appeals of Georgia · 1913
- Indemnity Ins. Co. of North America v. United StatesCourt of Appeals for the Fifth Circuit · 1934
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
- O'Neill Manufacturing Co. v. HarrisSupreme Court of Georgia · 1907
- Oliver v. JamesSupreme Court of Georgia · 1908
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