Brannon v. Barnes
Supreme Court of Georgia
Money rule. Before Judge Lumpkin. Fulton superior court. March term, 1899.
1Opinion of the CourtLittle, J.
1. If after a levy is made by a sheriff or other officer a claim is interposed to the property, it is the duty of such officer to transmit the execution with his entries thereon to the court from which it issued, together with the claim papers. Civil Code, § 4621. If he fails so to do, the officer may be compelled by rule to so transmit such papers. Cottle v. Dodson, 25 Ga. 633; Brannan v. Cheek, 103 Ga. 354.
2. While a sheriff, under the provisions of the code, is liable to be attached as for a contempt for neglecting to sell property upon which he has made a levy, the measure of such…
2Cases cited3 opinions
- Wilkin v. American Freehold Land Mortgage Co. of London Ltd.Supreme Court of Georgia · 1898
- Cottle v. DodsonSupreme Court of Georgia · 1858
- Brannan v. CheekSupreme Court of Georgia · 1898
3Cited by3 opinions
- Hixon v. CallawayCourt of Appeals of Georgia · 1907
- Smith v. WestSupreme Court of Georgia · 1910
- Sutton v. GrinerCourt of Appeals of Georgia · 1918