Aycock v. Martin
Supreme Court of Georgia
Stay-laws. No. 1 by Judge Milner, in Bartow Superior Court, September Term, 1866. No. 2 by Judge William M. Reese, Oglethorpe Superior Court, April Term, 1867. No. 3 by Judge Clarke, Randolph Superior Court, May Term, 1867. Ho. 4 bjr Judge Warmer, Troup Superior Court, May Term, 1867. [Ho. 1.] Aycock, as sheriff, was ruled for not making the money on a fi. fa.
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Stay-laws. No. 1 by Judge Milner, in Bartow Superior Court, September Term, 1866. No. 2 by Judge William M. Reese, Oglethorpe Superior Court, April Term, 1867. No. 3 by Judge Clarke, Randolph Superior Court, May Term, 1867. Ho. 4 bjr Judge Warmer, Troup Superior Court, May Term, 1867. [Ho. 1.] Aycock, as sheriff, was ruled for not making the money on a fi. fa. (issued upon a mortgage made the 7th day of May, 1859, for $790.00 principal, $406.00 interest and costs). He shoAved for cause, that the stay-laAvs prevented a levy. The Court held this showing insufficient, and granted a rule absolute…
1DissentWalker, J.
These four cases all involve the constitutionality of the “ stay-law,” and no other question was considered in either of them. *
Is a “ stay-law ” constitutional ? I have labored more to be able to answer this question correctly, than any question ever submitted to me for decision; and according to the judgment of the Court, I have failed to do so. While on the Superior Court bench, at March Term, 1861, of Bartow Superior Court, in the case of B. H. Conyers vs. A. M. Franklin, sheriff, the question was presented precisely as now, and with the lights then before me, I rendered this judgment: “…
2Cases cited10 opinions
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