Legal Opinion

Lassiter v. Byrd & Coker

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 7 opinions

Bonds. Advertisement. Claim. Sheriff. Before Judge Hopkins. Fulton Superior Court. October Term, 1875. Reported in the opinion.

1Opinion of the Court

Jackson, Judge.

This was a suit on a claim forthcoming bond ; Byrd & Coker were the claimants. They gave bond and took possession of the cotton levied. Pending the claim they sent the cotton to New York, and sold it and appropriated the proceeds to their own use. The claim was dismissed and the ji. fa. ordered to proceed. No new advertisement of the cotton for sale was made. The court below awarded a non-suit because there was no subsequent or second advertisement, and this is the error complained of.

As a general rule there must be a new advertisement of the property levied on, to give the…

2Cited by7 opinions

  1. Early v. HamptonCourt of Appeals of Georgia · 1914
  2. Hatton v. BrownCourt of Appeals of Georgia · 1907
  3. Coursey v. Consolidated Naval Stores Co.Court of Appeals of Georgia · 1918
  4. Spence v. Coney, Lovejoy & Co.Supreme Court of Georgia · 1895
  5. Bowen v. PennySupreme Court of Georgia · 1886

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