Legal Opinion

Johnson v. Fox

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 3 opinions

Officers. Process. Laborer’s lien. Appeal. Certiorari. Before Judge Chisolm. City Court of Savannah. July Term, 1873. This case is reported in the opinion.

1Opinion of the Court

Trippe, Judge.

1. The general rule is that a ministerial officer is protected in the execution of process from a court of competent jurisdiction, when there is nothing on the face of the process showing that it is illegal or void, or that it has been superseded: 7 Porter, 67; 5 Hilliard, 440; 7 Metcalf, 257; 1 Iredell, 473.

2. The declaration in this case alleges that the sale by the officer was made under an execution, when there had been a certiorari sued out on the judgment on which the process issued. This was the execution in favor of Robert Williams vs. Johnson, the plaintiff in error.…

2Cases cited1 opinion

  1. Morrison v. WrightSupreme Court of Alabama · 1838

3Cited by3 opinions

  1. Wilbur v. StokesSupreme Court of Georgia · 1903
  2. Horrigan v. Savannah Grocery Co.Supreme Court of Georgia · 1906
  3. King v. HaleySupreme Court of Georgia · 1916

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