Lingo v. Harris
Supreme Court of Georgia
Tax. Municipal Corporations. Laws. Claim. Before Judge Fort. Sumter County. At Chambers. February 29, 1884. Peggy Harris filed her petition to compel A. P. Lingo, the city marshal of Americus, to accept and return to the superior court a claim which she had tendered to him to a lot levied on as the property of Ben. Harris for a license tax due by Mm.
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Tax. Municipal Corporations. Laws. Claim. Before Judge Fort. Sumter County. At Chambers. February 29, 1884. Peggy Harris filed her petition to compel A. P. Lingo, the city marshal of Americus, to accept and return to the superior court a claim which she had tendered to him to a lot levied on as the property of Ben. Harris for a license tax due by Mm. One ground urged by the defendant against the grant of a mandamus was that the claim tendered was in forma pauperis, and that such a claim to such a tax y?. fa. was not lawful. The court granted the mandamus, and defendant excepted.
1Opinion of the Court
Blankford, Justice.
The question which arises from the record in this case is, whether property levied on by a tax execution, issued by a municipal corporation, can be claimed by and under an affidavit in fjrma pauperis, or provided in the act of 1870, p. 411, Code, §3733, or not.
Prior to the judiciary act of 16th February, 1799, no claim could be interposed to property levied on by executions issued upon judgments at law, but the same was sold, leaving the parties interested to their actions for redress ; bub by virtue of that act, and subsequent acts amendatory thereof, as will be found…
2Cases cited1 opinion
- Lewis v. United StatesSupreme Court of the United States · 1876
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