Winn v. Butts
Supreme Court of Georgia
Levy and claim. Before Judge Spence. Decatur superior court. November 24, 1905. The tax-collector of Decatur county issued a fi. fa. against J. W. Dukes for State and county taxes. It was levied by a constable on certain personal property, and G. W. Winn interposed a claim thereto. The papers were returned to the superior court for trial.
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Levy and claim. Before Judge Spence. Decatur superior court. November 24, 1905. The tax-collector of Decatur county issued a fi. fa. against J. W. Dukes for State and county taxes. It was levied by a constable on certain personal property, and G. W. Winn interposed a claim thereto. The papers were returned to the superior court for trial. Upon the call of the ease counsel for the claimant moved to have it stricken from the docket of the superior court, and that it be remanded to the justice's court for the district where the property was located at the time of the levy, and where the claimant…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. When property is levied on under an execution for taxes, “it may be claimed by a third person and tried in the same manner as other claims are, except that the claimant shall give a bond and security for the eventual condemnation-money.” Pol. Code, § 899. Upon the making of a claim and the giving of bond “the same proceedings shall be had thereon as provided for the trial of the right of property, except that such trials shall be had in the county wherein the levy was made.” Pol. Code, § 900. The' execution is directed “to all and singular the sheriffs and…
2Cases cited10 opinions
- Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
- Mitchell v. LongSupreme Court of Georgia · 1885
- Telford v. CogginsSupreme Court of Georgia · 1886
- Byars v. CurrySupreme Court of Georgia · 1885
- Smith v. BellSupreme Court of Georgia · 1899
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3Cited by15 opinions
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Decatur County Building & Loan Ass'n v. ThigpenSupreme Court of Georgia · 1931
- Gay v. Sylvania Central Railway Co.Court of Appeals of Georgia · 1949
- Hayes v. American Bankers InsuranceCourt of Appeals of Georgia · 1933
- Hogan v. HoganSupreme Court of Georgia · 1918
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