Thornton v. Ferguson
Supreme Court of Georgia
Claim. Before Judge Kimsey. Habersham superior court. December 30, 1908.
1Opinion of the CourtAtkinson, J.
This was a claim case. The property was found subject. A motion for new trial was overruled, and the claimant excepted.
1. The execution was based on a judgment foreclosing a mortgage. J. A. Erwin, as administrator upon the estate of Ed. Hayden, deceased, was defendant in execution. Erwin was also clerk of the superior court, and as such clerk issued the execution. Objection was made to the admission of the execution in evidence, on the ground that it was illegal and void, because Erwin as clerk could not issue an execution against himself as administrator. Error is assigned upon the ruling of…
2Cases cited9 opinions
- Booher v. WorrillSupreme Court of Georgia · 1876
- Thornton v. WilsonSupreme Court of Georgia · 1876
- Woodruff v. WilkinsonSupreme Court of Georgia · 1884
- Haslett v. RodgersSupreme Court of Georgia · 1899
- O'Kelley v. GholstonSupreme Court of Georgia · 1892
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3Cited by8 opinions
- Caraker v. BrownSupreme Court of Georgia · 1922
- Coursey v. CourseySupreme Court of Georgia · 1913
- Cobb v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1907
- Davis v. AuerbachCourt of Appeals of Georgia · 1949
- Federal Land Bank v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1939
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