Benson & Coleman v. Dyer
Supreme Court of Georgia
Certiorari. Levy and Sale. Justice Courts. Before W. W. MERRELL, Esq., Judge pro hac vice. Carroll Superior Court. April Term, 1882. A fi. fa. in favor of Benson & Coleman, against William Benson was levied on a horse, which was claimed by Dyer. On the trial, plaintiffs in fi.fa. introduced their execution and the entry of levy thereon, and proved that the horse had been in possession of the defendant in fi. fa. subsequently to the rendition of the judgment.
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Certiorari. Levy and Sale. Justice Courts. Before W. W. MERRELL, Esq., Judge pro hac vice. Carroll Superior Court. April Term, 1882. A fi. fa. in favor of Benson & Coleman, against William Benson was levied on a horse, which was claimed by Dyer. On the trial, plaintiffs in fi.fa. introduced their execution and the entry of levy thereon, and proved that the horse had been in possession of the defendant in fi. fa. subsequently to the rendition of the judgment. It also appeared that the horse was in possession of claimant at the time of the levy, and that the defendant in fi. fa. had other…
1Opinion of the Court
Crawford, Justice.
The questions that came up in this case arose upon the hearing of a certiorari by the court below. The certiorari grew out of the errors alleged to have been committed by a justice of the peace in the trial of a claim case.
' x. The first error set forth in the certiorari is, that the levy was illegal, because property in the hands of a party not a defendant in fi. fa. was levied upon for sale, whilst there was sufficient property in the hands of the defendant with which to pay off the debt, and it did not affirmatively appear that it was pointed out by the plaintiff in fi.fa.
2Cases cited1 opinion
- Bodega v. PerkersonSupreme Court of Georgia · 1878
3Cited by7 opinions
- Scott v. BedellSupreme Court of Georgia · 1899
- Hollinshed v. WoodardSupreme Court of Georgia · 1906
- Howell v. FieldSupreme Court of Georgia · 1883
- Chandler v. HammettCourt of Appeals of Georgia · 1945
- Payne v. DanielSupreme Court of Georgia · 1942
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