Phillips v. Evans

1. A constable, charged with the levy of an execution issuing upon an affidavit to foreclose a chattel mortgage in a justice’s court, has no discretion but to execute it, and while he holds possession lawfully under levy of such execution he is not liable to be sued in trover by one claiming to be the owner of the property described in the chattel mortgage and so levied on. Smith v. Kershaw, 1 Ga. 259; Chipstead v. Porter, 63 Ga. 220; Haslett v. Rodgers, 107 Ga. 239, 245 (33 S. E. 44) ; Jones v. McCowen, 34 Ga. App. 801 (2) (131 S. E. 290).

2. In the instant case the constable levied an…