Hardwick & Co. v. Cash
Supreme Court of Georgia
Money rule. Before Judge Fite. Whitfield superior court. February 5, 1912. A rule was brought against the sheriff, to distribute money in his hands arising from the sale of certain personal property of Mrs. Mary Evans under an attachment in favor of Hardwick & Co. J. M. Cash, claiming to be the transferee of an execution in favor of William Barr Dry Goods Co. against Mrs. Mary Evans, claimed a portion of the money in the hands of the sheriff.
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Money rule. Before Judge Fite. Whitfield superior court. February 5, 1912. A rule was brought against the sheriff, to distribute money in his hands arising from the sale of certain personal property of Mrs. Mary Evans under an attachment in favor of Hardwick & Co. J. M. Cash, claiming to be the transferee of an execution in favor of William Barr Dry Goods Co. against Mrs. Mary Evans, claimed a portion of the money in the hands of the sheriff. Hard-wick’s attachment issued on June 9, 1908, and was levied on June 10, 1908. The judgment in favor of William Barr Dry Goods Co. was obtained on…
1Opinion of the CourtHim, J.
1. A sheriff who has in his hands, for the purpose of making the money thereon, an execution issued upon a judgment rendered by a court has no authority, upon receiving the amount of the execution from a third person, to transfer the execution to him, so as to enable him to claim thereunder the proceeds of the sale of the property of the defendant in execution, made under the levy of an execution issued upon a prior judgment obtained against him. See Civil Code, § 5969.
2. Accordingly, where a sheriff had in his hands money arising from the sale of personal property sold by virtue of an…
2Cited by3 opinions
- Shurley v. BlackSupreme Court of Georgia · 1923
- Colter v. LivingstonSupreme Court of Georgia · 1922
- Ledbetter Bros. v. FarrarCourt of Appeals of Georgia · 1935