Beall v. Bailey
Supreme Court of Georgia
Illegality. Practice. Before Judge Harvey. Floyd Superior Court. June Adjourned Term, 1871. Bailey’s fi. fa. against Beall, ordered the sheriff to make the money, and return the writ to January Term, 1871, of said Court. It was levied in February, 1871. In March, 1871, Beall lodged with the sheriff an oath of illegality to stop the sale. The sheriff returned the papers to the Clerk’s office, and he entered the illegality upon the docket.
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Illegality. Practice. Before Judge Harvey. Floyd Superior Court. June Adjourned Term, 1871. Bailey’s fi. fa. against Beall, ordered the sheriff to make the money, and return the writ to January Term, 1871, of said Court. It was levied in February, 1871. In March, 1871, Beall lodged with the sheriff an oath of illegality to stop the sale. The sheriff returned the papers to the Clerk’s office, and he entered the illegality upon the docket. January Term was adjourned till June, 1871, and then this case was called. Beall’s counsel objected that it was properly returnable to July Term, 1871, and…
1Opinion of the Court
McCay, Judge.
The Revised Code, section 3613, is positive and precise that the officer shall return the affidavit and bond to the next term of the Court from which the execution issued, and it shall be the duty of the Court, at the first term thereof, to determine the same. The plaintiff in this case is well satisfied that the affidavit is very lame and was only interposed for delay. Suppose it is. That does not make it returnable to a different term. It is important that the rule be kept uni*301form. The return of the papers is the only notice either gets of the pendancy of the illegality, and it…
2Cited by3 opinions
- Adamson v. GaultneyCourt of Appeals of Georgia · 1947
- Brown v. SealsCourt of Appeals of Georgia · 1915
- McLendon v. LemonCourt of Appeals of Georgia · 1949