Weaver v. Wood
Supreme Court of Georgia
Affidavit of illegality. Before Judge Butt. Talbot superior court. March term,' 1897. To the levy in 1894 of an execution dated in 1867, and upon which was an entry of nulla bona dated in 1869, and like entries dated in July, 1875, May, 1882, and January, 1889, there was interposed an affidavit of illegality upon the ground that the execution was barred by the statute of limitations, because no officer authorized to execute and return the same had made an entry thereon…
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Affidavit of illegality. Before Judge Butt. Talbot superior court. March term,' 1897. To the levy in 1894 of an execution dated in 1867, and upon which was an entry of nulla bona dated in 1869, and like entries dated in July, 1875, May, 1882, and January, 1889, there was interposed an affidavit of illegality upon the ground that the execution was barred by the statute of limitations, because no officer authorized to execute and return the same had made an entry thereon within seven years from the entry of 1869; the affidavit alleging that the entry dated in 1875, and which purported to have…
1Opinion of the CourtCobb, J.
A single question is presented in the record of this case. Can a levying officer delegate to another the right, in his absence, to make a return of nulla bona upon an execution, in the name of such levying officer? It has been held that such officer can authorize another in his presence and by his direction to make and sign such an entry, when the officer knows of his own personal knowledge that the facts stated in *90the entry are true. Ellis v. Francis, 9 Ga. 325; Cox v. Montfort, 66 Ga. 62. Further than this it would not be wise to extend the rule. As it appeared from the evidence in the…
2Cases cited2 opinions
- Cox v. MontfordSupreme Court of Georgia · 1880
- Ellis v. FrancisSupreme Court of Georgia · 1851
3Cited by3 opinions
- Biggers v. WinklesSupreme Court of Georgia · 1906
- Horton v. StateSupreme Court of Georgia · 1900
- Rucker v. Tabor & AlmandSupreme Court of Georgia · 1906