Wright, Williams & Wadley v. Brown
Court of Appeals of Georgia
Money-rule; from city court of Fayetteville — Judge. Hollingsworth. July 13, 1909. ■Creditors of Barbee & Son sued out attachments and had them levied upon six mules as the property of the defendants; and Wright, Williams & Wadley filed a claim to the mules. The sheriff obtained a statutory order to sell the property, as being perishable, and at the sale the claimants gave notice that the property would be sqld subject to their claim.
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Money-rule; from city court of Fayetteville — Judge. Hollingsworth. July 13, 1909. ■Creditors of Barbee & Son sued out attachments and had them levied upon six mules as the property of the defendants; and Wright, Williams & Wadley filed a claim to the mules. The sheriff obtained a statutory order to sell the property, as being perishable, and at the sale the claimants gave notice that the property would be sqld subject to their claim. The claimants brought a money rule against the sheriff in aid of their claim, and the attachment creditors were made parties to the rule. The attachments, the…
1Opinion of the CourtFTtt.t., C. J.
1. Where an attachment has been levied upon personal property and a claim is interposed, the regularity of the attachment is ordinarily of no concern to the claimant, he being interested only in showing that the property is not subject. Therefore, the claimant can not move to dismiss or quash the attachment because of any apparent defect, his remedy being to have the levy dismissed. Rossiter v. Carrollton Electric Light Co., 5 Qa. App. 393 (63 S. E. 233), and cases cited. But where no declaration in attachment has been filed as required by the statute, no suit is pending in which a valid…
2Cases cited4 opinions
- Banks v. HuntSupreme Court of Georgia · 1883
- Callaway v. MaxwellSupreme Court of Georgia · 1905
- Rossiter MacGovern & Co. v. Carrollton Electric Light Co.Court of Appeals of Georgia · 1908
- Russell v. Faulkner & SonSupreme Court of Georgia · 1892
3Cited by20 opinions
- Few v. PouCourt of Appeals of Georgia · 1924
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Georgia Realty Co. v. Bank of CovingtonCourt of Appeals of Georgia · 1917
- Nixon v. Russell Piano Co.Court of Appeals of Georgia · 1935
- Ray v. Schmidt & Co.Court of Appeals of Georgia · 1910
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