Brantley-Groover Hardware Co. v. Ivey
Supreme Court of Georgia
Equitable petition. Before Judge Summerall. Ware superior court. September 5, 1918.
1Opinion of the CourtHill, J.
A fi. fa. issued upon a judgment in a justice’s court in August, 1913, was levied upon property of a defendant in September, 1913, and sold by the sheriff on October 7, 1913. In July, 1914, the defendant in fi. fa. instituted an equitable suit to cancel the sheriff’s deed, on the ground that the defendant had not been- served. The constable who made the return of service upon the defendant in the justice’s court was made a party defendant, and his return of service traversed by appropriate allegations in the petition. It was alleged that the trayerse was made immediately upon the defendant’s…
2Cases cited8 opinions
- Jennings v. StriplingSupreme Court of Georgia · 1907
- Johnson v. KlassettCourt of Appeals of Georgia · 1911
- Hamilton v. RogersSupreme Court of Georgia · 1906
- Southern Railway Co. v. DanielsSupreme Court of Georgia · 1897
- Parker v. Rosenheim & Co.Supreme Court of Georgia · 1896
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3Cited by1 opinion
- Smith v. Atlanta Mutual InsuranceCourt of Appeals of Georgia · 1930