Swicord v. Waxelbaum
Court of Appeals of Georgia
Affidavit of illegality; from city court of Cairo—Judge Willie. April 17, 1918. Joseph Waxelbaum obtained a joint judgment against T. H. Swicord, S. P. Swicord, and I. P. Chapman, upon which execution was issued for $700 principal, $122.24 interest, $16 costs, and $82.22 attorney’s fees.
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Affidavit of illegality; from city court of Cairo—Judge Willie. April 17, 1918. Joseph Waxelbaum obtained a joint judgment against T. H. Swicord, S. P. Swicord, and I. P. Chapman, upon which execution was issued for $700 principal, $122.24 interest, $16 costs, and $82.22 attorney’s fees. Upon this execution appears the following credit: “Received of I. P. Chapman on the within execution, this June 4, 1917, $314.48.” After that date the execution was levied upon property of T. II. and S. P. Swicord, and they filed an affidavit of illegality, sotting up that the execution had been fully…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Where a plaintiff in fi. fa. accepts a sum of money from one of the joint defendants therein under an agreement that he is to be relieved from further liability under the fi. fa., the other defendants are also relieved, and the fi. fa. is discharged. Warthen v. Melton, 133 Ga. 113 (4) (63 S. E. 833, 131 Am. St. E. 184). The question in this case is, did the plaintiff in fi. fa. agree to release Chapman from further liability upon the payment made by him to the sheriff? The affidavit of illegality sets up that such a release was made by the plaintiff…
2Cases cited1 opinion
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