Mitchell v. Hay
Supreme Court of Georgia
Mandamus. Decided by Judge Yascot. Sumter county. Chambers. April, 1868. Mitchell, as Marshal of Americus, levied two tax fi. fas. against George M. Hay, on the household and kitchen furniture of said George M., and on his bar-room and cooking-saloon fixtures.
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Mandamus. Decided by Judge Yascot. Sumter county. Chambers. April, 1868. Mitchell, as Marshal of Americus, levied two tax fi. fas. against George M. Hay, on the household and kitchen furniture of said George M., and on his bar-room and cooking-saloon fixtures. Julia, wife of George M, claimed the household and kitchen furniture as hers, and not subject to said fi. fas., and gave to the Mayor and Council of Americus, plaintiff, in fi. fa., bond and security for the forthcoming of said claimed property, and bond and security for the eventual condemna-, tion money and costs. The marshal refused…
1Opinion of the CourtWarner, C. J.
The only question involved in this case is, whether the Court below did right in directing the City Marshal to deliver the property levied on,' to Mrs. Hay, the claimant, by mandamus. She had the right to claim this property , as the wife of her insolvent husband, according to the 2014 section of the Code, and having claimed it and given bond and security for its forthcoming, it was the duty of the -City Marshal, in the language of the Code, to leave the property in the possession of the claimant. Section 3680. It was insisted on the argument in this Court (though the question does not appear…
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