Chambers v. Mayo
Supreme Court of Georgia
Rule against officer. Sheriff. Before Judge Herscheb V. Johnson. Washington Superior Court. October Term, 1873. This case arose upon' a rule against Mayo, the sheriff of Washington county, requiring him to show cause why he should not pay over the amount due' on an execution in favor of Chambers against John E. Mills, placed in his hands for collection.
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Rule against officer. Sheriff. Before Judge Herscheb V. Johnson. Washington Superior Court. October Term, 1873. This case arose upon' a rule against Mayo, the sheriff of Washington county, requiring him to show cause why he should not pay over the amount due' on an execution in favor of Chambers against John E. Mills, placed in his hands for collection. The sheriff showed for cause, as follows: 1st. That he levied the aforesaid execution, but was notified by the United States marshal for the state of Georgia that a bill to enjoin said sale had been filed, and that respondent was required to…
1Opinion of the Court
Trippe, Judge.
The grounds taken in the affidavit of illegality would not, per se, relieve the sheriff from liability on a rule. The two first only show, if true, his own default. Nor would his receiving the affidavit, so far as it concerns the third ground, be sufficient, were there not other facts shown in his answer, and at the hearing of the rule: Sharman vs. Lowe, 40 Georgia, 257. The execution on which the rule is founded has on the back of it, at the usual place of indorsing, the names of plaintiff’s attorney, that of Mr. Langmade. There is also on the fi.fa. an affidavit made just…
2Cited by1 opinion
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