Van Dyke v. Besser
Supreme Court of Georgia
Illegality. In Lumpkin Superior Court. Decided by Judge Rice. February Term, 1866. A fi. fa. in favor of Besser against M. H. Van Dyke, B. Hamilton, and The Yahoola Eiver and Cane Creek Hydraulic Hose Mining Company, was, on the 2d of February, 1866, levied by the sheriff on five hundred bushels of corn, in the possession of Daniel Davis, as the property of said Mining Company.
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Illegality. In Lumpkin Superior Court. Decided by Judge Rice. February Term, 1866. A fi. fa. in favor of Besser against M. H. Van Dyke, B. Hamilton, and The Yahoola Eiver and Cane Creek Hydraulic Hose Mining Company, was, on the 2d of February, 1866, levied by the sheriff on five hundred bushels of corn, in the possession of Daniel Davis, as the property of said Mining Company. On the same day, Van Dyke made an affidavit that the fi. fa. was proceeding “ against him and said company and parties ” illegally, on several grounds, all of them relating to said Company and this levy, and filed it…
1Opinion of the CourtWalker, J.
In this case the execution was proceeding against the property of the corporation, and another defendant filed an affidavit of illegality to arrest its progress.
[1.] The Court below held that the affidavit must be made by, or at the instance of, the party against whom the execution was then proceeding. His decision was predicated upon section 3591 of the Code, which authorizes “ such person” whose property has been levied upon, or whose body has been arrested, to “ make oath in writing,” &c. In this case the affidavit was made by another party, and the Court *270below decided, and we think…
2Cited by3 opinions
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- Walker v. Equitable Mortgage Co.Supreme Court of Georgia · 1901