Plant v. Eichberg
Supreme Court of Georgia
New trial. Sheriff. Levy and sale. Tax. Before-Judge HlLLYER. Fulton Superior Court. September Term, 1879. In October, 1872, Plant obtained a judgment against Thomas P. Fleming et al. In 1878 (being then controlled by deGraffenreid as transferee) the ji. fa. was levied on a certain lot in the city of Atlanta, which was claimed by Caroline Eichberg.
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New trial. Sheriff. Levy and sale. Tax. Before-Judge HlLLYER. Fulton Superior Court. September Term, 1879. In October, 1872, Plant obtained a judgment against Thomas P. Fleming et al. In 1878 (being then controlled by deGraffenreid as transferee) the ji. fa. was levied on a certain lot in the city of Atlanta, which was claimed by Caroline Eichberg. Her chain of title was as follows: A deed from one Andrews to Fleming, dated September 11th, 1873. A deed from Fleming to Joseph T. Eichberg, dated December 21st, 1875. A deed from the sheriff to> J. T. McKey, trustee, under a tax sale, dated May…
1Opinion of the Court
Jackson, Justice.
Under our repeated rulings, the first grant of a new trial will not be reversed by this court, unless some con*66trolling principle of law, which demanded the verdict on the facts, has been misconstrued and misapplied by the court on the grant of the new trial. So that the sole question in this case is this, did the court err in holding on a review of his charge to the jury when he passed on the motion for a new trial, that when a sheriff levies on reap estate for taxes, he need not enter on the fi. fa. that no personal property could be found whereon to levy, for the verdict is…
2Cases cited2 opinions
- Doe ex dem. Gladney v. DeavorsSupreme Court of Georgia · 1852
- Smith v. JonesSupreme Court of Georgia · 1869
3Cited by2 opinions
- Ward v. Board of CommissionersMontana Supreme Court · 1892
- Watson v. SwannSupreme Court of Georgia · 1889