Legal Opinion

Milner v. Akin

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 4 opinions

Executions. Lost Papers. Executors and Administrators. Before Judge MoOutchbn. Bartow Superior Court. Au•gust Term, 1876. Reported in the opinion.

1Opinion of the Court

Jackson, Judge.

This was a motion to quasb an aMasfi. fa. A valid judgment bad been rendered, tod was unsatisfied. Tbe courthouse, with tbe papers, was burnt, and in tbe year 1867— tbe judgment bearing date in 1861 — Alcin, as executor of Clayton, tbe plaintiff in judgment, moved tbe court to direct tbe cleric to issue an alias fi-fa., as the first was lost or destroyed. It was levied, in 1868, upon property claimed by Milner, and Milner (McConnell, tbe defendant, being made a party also) moved to quasb this alias or copy fi. fa. in 1874 — seven years after it was issued — on tbe ground that *556Ak…

2Cases cited2 opinions

  1. Edward Kellogg & Co. v. Buckler & ShortSupreme Court of Georgia · 1855
  2. Watson v. Halsted, Taylor & Co.Supreme Court of Georgia · 1851

3Cited by4 opinions

  1. Ward v. MillerSupreme Court of Georgia · 1915
  2. Lowry v. RichardsSupreme Court of Georgia · 1879
  3. Torrent v. SulterSupreme Court of Georgia · 1881
  4. U-Driv-It System of MacOn Inc. v. LylesCourt of Appeals of Georgia · 1944

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