Hudspeth v. Scarborough
Supreme Court of Georgia
Sheriffs. Levy. Amendments. Evidence. Claim. Estoppel. Practice in Supreme Court. Before Judge FORT. Lee Superior Court. November Term, 1882. This record is brief, but somewhat confused.
Read the full summary
Sheriffs. Levy. Amendments. Evidence. Claim. Estoppel. Practice in Supreme Court. Before Judge FORT. Lee Superior Court. November Term, 1882. This record is brief, but somewhat confused. From it and the bill of exceptions, the following facts may be gathered: A fi. fa. in favor of Strozier, administratrix, against Lindsey and Martin, dated April 29, 1869, was levied July 28, 1869, by Gill, sheriff, “on two lots of land, numbers not known, but known as the place whereon Samuel Lindsey now lives, in the 13th district of said county, (Lee), levied as the property of the said Lindsey, ” To this…
1Opinion of the Court
Jackson, Chief Justice.
1. Can a deputy sheriff, afterwards sheriff, amend the levy of a deceased sheriff, whose deputy he was at the date of the levy, mine pro tunc, on the trial of a claim case, so as to cure the levy when defective ?
By the Code, §3497, it is declared that “the sheriff or other executing officer may amend his official entries and returns, so as to make such entries and returns conform to *780the facts of the case at the time such entry or return was made. ” But this evidently contemplates that the officer who made the official entry originally may amend it, and nobody else. It…
2Cases cited2 opinions
- Cohen v. BroughtonSupreme Court of Georgia · 1875
- Joseph Scolly & Co. v. ButlerSupreme Court of Georgia · 1877
3Cited by7 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- Miller v. BrooksSupreme Court of Georgia · 1904
- Holmes v. Roberson-HolmesSupreme Court of Georgia · 2010
- Cooper v. YearwoodSupreme Court of Georgia · 1903
- Beavers v. MabrySupreme Court of Georgia · 1942
2 more not listed; retrieve them via the Exa API.