Moseley v. Binford

1. In the trial of a statutory claim case, the sole issue is whether the property is subject or not subject to the fi. fa. The verdict in such a case, whether found by the jury or directed by the court, cannot stand unless it is so phrased as to determine this issue with definiteness. A verdict in 'favor of the plaintiff against the claimant for a given sum of money, without more, not only fails to determine the sole issue in the case, but deals with issues not involved therein. Such a verdict is a nullity on the face of the record. Civil Code (1910), § 5924; Widincamp v. James, 129 Ga. 279…