Dreyer v. Kicklighter
District Court, S.D. Georgia
In Equity. Bill by Joseph M. Dreyer, trustee in bankruptcy of tire Perkins Lumber Company, against W. T. Kicklighter. Decree for complainant. In the first part of the year 1912, certain creditors of the Perkins Lumber Company, a corporation of this district, obtained judgments against that company in the justice court of the 1607th district, G. M., of Tattnall county, and executions were duly issued on these judgments.
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In Equity. Bill by Joseph M. Dreyer, trustee in bankruptcy of tire Perkins Lumber Company, against W. T. Kicklighter. Decree for complainant. In the first part of the year 1912, certain creditors of the Perkins Lumber Company, a corporation of this district, obtained judgments against that company in the justice court of the 1607th district, G. M., of Tattnall county, and executions were duly issued on these judgments. These executions were turned over to the constable of the 401st district, G. M., and they were by him on the 9th day of April, 1912, levied upon a certain skidder as the…
1Opinion of the CourtLambdin, District Judge
(after stating tlie facts as abové). The trustee, who is the complainant here, seeks to recover a certain skid-der from the defendant, who had bought same at a sale made thereof under several justice cotut executions based upon judgments less than four months old, as stated above, and the trustee claims that said sale was null and void for the following reasons: Because it was not properly advertised; because the levy was an excessive one; because, under the law of Georgia, it is not legal for a constable to sell personal property without exposing it at the time and place of sale; and,…
2Cases cited19 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Clarke v. LarremoreSupreme Court of the United States · 1903
- Wager v. HallSupreme Court of the United States · 1873
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Walbrun v. BabbittSupreme Court of the United States · 1873
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3Cited by4 opinions
- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
- Wilson, Sheriff v. CooperCourt of Appeals of Kentucky (pre-1976) · 1926
- In re Cox-Rackley Co.District Court, E.D. North Carolina · 1917
- Pennsylvania Trust Co. of Pittsburgh v. GreenbergCourt of Appeals for the Third Circuit · 1929