Morgan v. Spring
Supreme Court of Georgia
Sheriffs. Negligence. Levy and Sale. Rule. Before •Judge Bower. Worth Superior Court. October Term, .1883. Reported in the decision.
1Opinion of the Court
.Jackson, Chief Justice.
The question made by this record is, did the court err .in discharging the rale against the sheriff ?
The rule is based on two grounds, first, that the sheriff Mid not levy upon certain cattle, as directed by the plain- . siff in error, and secondly, that he accepted an affidavit of illegality, and returned it to court after levying upon a tract of land pointed out by the defendant in execution.
1. In respect to the first ground, the answer of the ■ sheriff, which was not traversed, alleges that he searched diligently for the cattle alluded to by the plaintiff, but…
2Cases cited1 opinion
- Chambers v. MayoSupreme Court of Georgia · 1874
3Cited by1 opinion
- Edwards v. HarrisCourt of Appeals of Georgia · 1909