Crayton v. Fox
Supreme Court of Georgia
Affidavit of illegality. Before Judge Reese. Hancock superior court. February term, 1896. An execution from the county court in favor of Fox V, Crayton et al. was levied on certain horses, and defendants' interposed an affidavit of illegality.
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Affidavit of illegality. Before Judge Reese. Hancock superior court. February term, 1896. An execution from the county court in favor of Fox V, Crayton et al. was levied on certain horses, and defendants' interposed an affidavit of illegality. The case went by appeal to the superior court, where, upon the call of the-.•same, plaintiff’s counsel moved to dismiss the illegality, “because there was no forthcoming bond filed with the levying officer and returned by said officer with said affi■davit.” Defendants offered to prove by the levying officer that the property levied on was mot replevied…
1Opinion of the Court
Little, Justice.
As will be seen from the statement of the case, the •court below dismissed the affidavit of illegality, because there was no forthcoming bond filed with the levying ■officer at the time of the interposition of the affidavit. The judgment upon which the execution issued was a common law judgment rendered in the county court. The execution was levied on personal property. The judge below undoubtedly founded his decision on section 4736 of the Civil Code, which, in providing for the remedy by illegality, declares, that bond with good security for the forthcoming of :such…
2Cases cited3 opinions
- McCulloch v. Good, Small & Co.Supreme Court of Georgia · 1879
- Herring v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1874
- Wynn v. KnightSupreme Court of Georgia · 1875
3Cited by4 opinions
- Riviera Equipment, Inc. v. Omega Equipment Corp.Court of Appeals of Georgia · 1978
- Lane v. JohnsonCourt of Appeals of Georgia · 1918
- Owen v. CunninghamCourt of Appeals of Georgia · 1965
- Humphreys v. Avery & Co.Court of Appeals of Georgia · 1922