Roberts v. Dancer
Supreme Court of Georgia
Affidavit of illegality of execution. Before Judge Worrill. Miller superior court. October 30, 1914. An execution was issued by the clerk of the board of commissioners of roads and revenues of Miller county against B. B. Boberts as principal, and A. Sheffield, J. C. Cook, G. W. Carter, and J. W. Bailey as sureties, in the principal sum of $361.38, "which is the balance found to be due by said B. B. Boberts, treasurer of said county, same being illegal commissions charged and…
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Affidavit of illegality of execution. Before Judge Worrill. Miller superior court. October 30, 1914. An execution was issued by the clerk of the board of commissioners of roads and revenues of Miller county against B. B. Boberts as principal, and A. Sheffield, J. C. Cook, G. W. Carter, and J. W. Bailey as sureties, in the principal sum of $361.38, "which is the balance found to be due by said B. B. Boberts, treasurer of said county, same being illegal commissions charged and deducted by him, and other sums not accounted for.” The execution was levied upon certain property as belonging to B.…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The court dismissed the illegality on the ground that it was insufficient in law, and thus eliminated the reference of the *343case to the auditor, and all procedure connected therewith. The only question presented by the assignments of error is the sufficiency of the grounds of the affidavit of illegality to raise an issue. One ground was' that the defendant had never had his day in court. It is no ground to quash a fi. fa., issued by the county commissioners against a defaulting county treasurer, that it does not appear that notice in writing or otherwise…
2Cases cited13 opinions
- Shumate v. McLendonSupreme Court of Georgia · 1904
- Lamb v. DartSupreme Court of Georgia · 1899
- Mason v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1898
- Hall v. County of GreeneSupreme Court of Georgia · 1903
- Coleman v. Pike CountySupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- United States Fidelity & Guaranty Co. v. Toombs CountySupreme Court of Georgia · 1939
- Coffin Bros. & Co. v. BennettSupreme Court of Georgia · 1927
- Carter v. VealCourt of Appeals of Georgia · 1930
- Massachusetts Bonding & Insurance v. Board of CommissionersSupreme Court of Georgia · 1931
6 more not listed; retrieve them via the Exa API.