Phillips v. State ex rel. Saunders
Supreme Court of Georgia
Mandamus. Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. Phillips, as Sheriff, levied a fi. fa. on four negroes, as the property of one James S. Miller, who had them in possession. The defendants in error interposed a claim to the negroes, and tendered, at the same time, a forthcoming bond, and demanded the possession of the negroes.
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Mandamus. Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. Phillips, as Sheriff, levied a fi. fa. on four negroes, as the property of one James S. Miller, who had them in possession. The defendants in error interposed a claim to the negroes, and tendered, at the same time, a forthcoming bond, and demanded the possession of the negroes. The Sheriff refused to transfer the possession to claimants; whereupon, an alternative mandamus was sued out, directed to the Sheriff. Two questions were made on its return— . 1st. As to the right of claimants to the possession of the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This ease depends upon the construction of the Act of' 1811. It provides—that “ in all cases where a levy is made-on property, which is claimed by a third person, and good and-sufficient security is tendered by the party claiming the same, it-shall be the duty of the Sheriff, Constable or Coroner, to take .security for treble the amount of the debt on which such execution is founded, (by the Act of 1841, the bond must be double the value of the property, and payable to the plaintiff,) for delivery of the - property so levied on, at the time…
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- Hull v. MyersSupreme Court of Georgia · 1893
- Indiana & Chicago Coal Co. v. NealIndiana Supreme Court · 1906
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