McNeil v. Harker
Supreme Court of Georgia
Distress-warrant. Before Judge Harrell, Randolph Superior Court. May Term, 1869. S. A. McNeil made an affidavit before the County-Judge that Harker owed him, as administrator of William W. McNeil, $500 00 for rent, and the Judge issued his warrant commanding the proper officers to levy upon a sufficiency of Marker's property to pay that amount and costs. The levy was made upon certain personalty.
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Distress-warrant. Before Judge Harrell, Randolph Superior Court. May Term, 1869. S. A. McNeil made an affidavit before the County-Judge that Harker owed him, as administrator of William W. McNeil, $500 00 for rent, and the Judge issued his warrant commanding the proper officers to levy upon a sufficiency of Marker's property to pay that amount and costs. The levy was made upon certain personalty. Harker made an affidavit that the sum distrained for had been paid, and with J. T. McLendon and W. R. Blackburn, as his securities, gave bond, to be void “if, upon the trial of the issue formed upon…
1Opinion of the CourtBrown, C. J.
This was a distress-war rant for rent. The defendant filed his affidavit, under section 4012 of the Code, to replevy the property, and gave security for the eventual condemnation money. On the trial the jury found a verdict for the plaintiff, who signed up judgment against the defendant as principal, and his securities, for the amount of the verdict. At a subsequent term of the Court a motion was made to set aside the execution, on the ground that no execution could legally issue from a verdict in such case. The Judge sustained the motion, and ordered the execution set aside, and that the…
2Cited by4 opinions
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- Hardy v. PossSupreme Court of Georgia · 1904
- Hieber v. BuchananSupreme Court of Georgia · 1947
- Hieber v. BuchananSupreme Court of Georgia · 1947