Levy v. Shockley
Supreme Court of Georgia
Certiorari, from Richmond county. Decision by Judge Holt, at October Term, 1859. This case arose in the City Court of Augusta, upon a rule sued out at the instance of Curtis H. Shockley, against Isaac Levy, the Sheriff of said city, to show cause why he should not pay over the amount due on an execution, placed in his hands, in favor of said’Shockley against one James M. Simpson.
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Certiorari, from Richmond county. Decision by Judge Holt, at October Term, 1859. This case arose in the City Court of Augusta, upon a rule sued out at the instance of Curtis H. Shockley, against Isaac Levy, the Sheriff of said city, to show cause why he should not pay over the amount due on an execution, placed in his hands, in favor of said’Shockley against one James M. Simpson. The return of the Sheriff was traversed by the plain tiff vn.fi.fa,, and issue joined upon the same. The case coming up for trial, the Judge of the City Court withdrew it from the jury and dismissed the rule. To…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
We do not think the Sheriff was liable in this case on account of negligence in allowing the property on which he *713had levied, to be put out of the way; for we do not think that there was any levy at all. According to the facts, the horses never were seized by him and in his control. But we do think he was liable for failing to make a levy. The fact that the plaintiff in fi. fa., pointed out the property for a levy, was indemnity to the Sheriff; for the plaintiff was bound to protect the officer in doing the specific thing which he had ordered…
2Cited by2 opinions
- Crawford v. NewellSupreme Court of Iowa · 1867
- Washburn v. FosterCourt of Appeals of Georgia · 1954