Glisson v. Moore

Hill, O. J.,

dissenting. Where a levy is made on personal property and a claim is interposed, it is the duty of the levying officer to return and file the claim papers and the execution, with the entries thereon, at the next term of the court from which the execution issued. Civil Code (1910), § 5167. On failure or refusal of the levying officer to do so, it is the right of either the plaintiff in fi. fa. or the claimant to rule the officer for such breach of his duty, both parties being interested in the proper disposition of the claim case. Cottle v. Dodson, 25 Ga. 633. If both the plaintiff…