Branch v. Riley
Supreme Court of Georgia
Rule, in Appling Superior Court. Decision by Judge Love, June Term, 1855. Afi. fa. in favor of John Riley against John T. Hall, was' levied by the Sheriff of Appling County, upon a negro woman, and a claim was interposed thereto. Pending the claim, Counsel for plaintiff in fi. fa. gaye to the Sheriff written instructions to proceed to collect the money thereon.
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Rule, in Appling Superior Court. Decision by Judge Love, June Term, 1855. Afi. fa. in favor of John Riley against John T. Hall, was' levied by the Sheriff of Appling County, upon a negro woman, and a claim was interposed thereto. Pending the claim, Counsel for plaintiff in fi. fa. gaye to the Sheriff written instructions to proceed to collect the money thereon. The Sheriff failing to make another levy, he was ruled therefor, and the Court below held him responsible for the amount due on the fi. fa. This decision is assigned as error.
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
The Sheriff has no right, at his pleasure, to withdraw for any purpose a fi. fa. which has been levied, and after claim intex'poscd, returned into Court.
It would be a bad rule, however, which held, that after a levy and claim in our State, no other levy can be made of the same execution, until the claim is tried and determined. There might be.very good reasons why another levy should be made, even where the first had been upon property sufficient to pay the debt; so that, in our opinion, the plaintiff is not, and should not be, deprived of the…
2Cited by3 opinions
- Ayers v. LambSupreme Court of Georgia · 1880
- Bird v. BurgsteinerSupreme Court of Georgia · 1899
- State v. JeterSupreme Court of Georgia · 1880