Biggers v. Winkles
Supreme Court of Georgia
Levy and claim. Before Judge Bartlett. Haralson superior court. July 17, 1905. An alias fi. fa. purporting to have been issued by the clerk of the superior court of Haralson county on January 25, 1893, in lieu of a lost original which had been issued on a judgment in favor of Grow and others against Mrs. McNeill and transferred to Biggers, was levied on certain property, and a claim was interposed by Winkles.
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Levy and claim. Before Judge Bartlett. Haralson superior court. July 17, 1905. An alias fi. fa. purporting to have been issued by the clerk of the superior court of Haralson county on January 25, 1893, in lieu of a lost original which had been issued on a judgment in favor of Grow and others against Mrs. McNeill and transferred to Biggers, was levied on certain property, and a claim was interposed by Winkles. On the trial, when the execution was offered in evidence, objection was made to it on the ground that the name of the clerk of the superior court was signed to it by Biggers who was at…
1Opinion of the CourtLuMPKIN, J.
(After stating the facts.) 1. One of the duties *991■of the clerk of the superior court as declared by the code of this State is “to issue and sign (and attach seals thereto when necessary) every sunknons, subpoena, writ, execution, process or order, or other paper under the authority of the court.” Civil Code, §4360(4). He may appoint a deputy or deputies, who shall take the same oath as the clerk, and “whose powers and duties are the .sanie as long as the principal continues in office, and not longer.” §4359. Process signed by a deputy clerk of the superior court is as valid and sufficient m…
2Cases cited12 opinions
- Newman v. StateSupreme Court of Georgia · 1897
- Dever v. AkinSupreme Court of Georgia · 1869
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- MacKenzie v. JacksonSupreme Court of Georgia · 1888
- Ellis v. FrancisSupreme Court of Georgia · 1851
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- Vickers v. HawkinsSupreme Court of Georgia · 1907
- Rucker v. Tabor & AlmandSupreme Court of Georgia · 1906
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