Legal Opinion

Continental Casualty Co. v. Bibb Chevrolet Co.

Court of Appeals of Georgia

Decided September 19, 1934No. 23245PublishedCited by 2 opinions

1Opinion of the CourtSutton, J.

1. When an execution shall issue upon the foreclosure of a conditional bill of sale as a chattel mortgage, and shall be levied upon the personal property secured by the conditional bill of sale, the defendant in fi. fa. may interpose his affidavit of illegality and replevy the seized property by giving a bond in the manner prescribed in section 3301 of the Civil Code of 1910, such bond to be conditioned for the return of the property when called for by the levying officer.

2. In an action for an alleged breach of such a bond the obligors are liable for the full value of the property replevied,…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Early v. HamptonCourt of Appeals of Georgia · 1914
  2. Hill v. KitchensCourt of Appeals of Georgia · 1922
  3. Stroud v. HancockSupreme Court of Georgia · 1902
  4. Carr v. Houston Guano & Warehouse Co.Supreme Court of Georgia · 1898
  5. Hogan v. MorrisCourt of Appeals of Georgia · 1909

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3Cited by2 opinions

  1. Patterson v. LoebCourt of Appeals of Georgia · 1938
  2. Seagrayes v. KelleyCourt of Appeals of Georgia · 1970

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