Hall v. Yahoola River Min. Co.
U.S. Circuit Court for the Northern District of Georgia
This cause was submitted on the motion of the plaintiff, who was judgment creditor of the defendant, to dismiss a proceeding, under the claim law of Georgia, commenced by one Vandyke, who set up title to certain real estate levied on by the marshal as the property of defendant, by virtue of an execution issued in this case.
1Opinion of the Court
WOODS, Circuit Judge.
The Code of Georgia provides that “when a sheriff or other of-cer shall levy an execution on property claimed by a third person not party to such execution, such person shall make oath to such property and shall give bond to the sheriff or other officer, as the case may be, with good and sufficient security in a sum double the value of the property levied on, conditioned to pay the plaintiff in execution all damages which the jury, on the trial of the right of property, may assess against him, if it shall appear that said claim was made for the purpose of delay only, and…
2Cases cited3 opinions
- Colquitt v. ThomasSupreme Court of Georgia · 1850
- Williams v. MartinSupreme Court of Georgia · 1849
- Cox v. Mayor of GriffinSupreme Court of Georgia · 1855
3Cited by1 opinion
- Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.United States Circuit Court · 1883