Brown v. McCrary
Supreme Court of Georgia
Rule against Sheriff, from Taylor county. Decided by Judge WORRlLli, October Term, 1859. This was a rule against the sheriff on a fi. fa. for principal sum of $162 38, besides interest and costs, in favor of William M. Brown, plaintiff, vs. John A. Moss, defendant.
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Rule against Sheriff, from Taylor county. Decided by Judge WORRlLli, October Term, 1859. This was a rule against the sheriff on a fi. fa. for principal sum of $162 38, besides interest and costs, in favor of William M. Brown, plaintiff, vs. John A. Moss, defendant. In answer to the rule, the sheriff showed for cause that he had had in custody a negro woman named Amanda, the property of defendant in fi. fa.; that there had been several other executions in his hands, besides the one above mentioned, and among them, one in favor of J. P. Griffin for the use of William J. Kendrick, against the…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The sheriff ought to have levied on the property and sold it, unless a claim had been interposed in this case. The adjudication of the claim which was interposed in another case, cannot settle the right of this plaintiff in execution, for two reasons: In the first place, he is not a party to that litigation, and, therefore, cannot be bound by the result of it. In the second place, the merits of that ease may be very different from the merits of a claim in his case. The true issue in a claim case is, whether or not the claimant has such an…
2Cited by2 opinions
- Carr v. MorrisCourt of Appeals of Georgia · 1915
- Pitts v. CoxSupreme Court of Georgia · 1928