L. M. Wiley, Parish & Co. v. Kelsey
Supreme Court of Georgia
Rule against Sheriff, and motion to set aside ft. fa. in Houston Superior Court. . Decided by Judge Stark, April Term, 1850. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1753 96 cents, principal.
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Rule against Sheriff, and motion to set aside ft. fa. in Houston Superior Court. . Decided by Judge Stark, April Term, 1850. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1753 96 cents, principal. Execution issued therefor on the 18th day of May, 1839. The correct amount was inserted in the face of the execution, but on the back it was for $753 96 — the same entry was made on the execution docket. The only entry which appeared upon the execution, was a receipt, in the hand-writing of the late Judge…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The facts of this case are briefly as follows: At the October Term of Houston Superior Court, in the year 1846, it was ordered and adjudged by the Court, upon the evidence of the plaintiffs’ counsel, and an inspection of the record, that the Clerk had issued an execution upon a judgment rendered in favor of L. M. Wiley, Parish ¡& Co. vs. T. & S. Williams, through mistake, for the sum of $753 95, instead of the sum of $1753 95; and it was farther ordered and adjudged by the Court, that the execution so erroneously issued,,be and the same is hereby…
2Cases cited1 opinion
- The Venus, Rae, MasterSupreme Court of the United States · 1814
3Cited by8 opinions
- Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
- Hadden v. FuquaSupreme Court of Georgia · 1942
- Wade v. HurstSupreme Court of Georgia · 1915
- Dunn v. BrogdenSupreme Court of Georgia · 1881
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