Legal Opinion

Vining v. Officers of Court

Supreme Court of Georgia

Decided November 10, 1890PublishedCited by 2 opinions

Claim. Levy. Sheriff. Cost execution. Before Judge Hici-iard H. Clark. Clayton superior court. September term, 1889. An execution in favor of the officers of court of Clayton county was levied on six bushels of corn and a half-interest in 100 acres of land and in a mill aud fixtures thereon, as the property of the defendant in the execution, who thereupon, aá the head of a family, interposed a claim to the property as a homestead exemption, Under the evidence and the judge’s…

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Claim. Levy. Sheriff. Cost execution. Before Judge Hici-iard H. Clark. Clayton superior court. September term, 1889. An execution in favor of the officers of court of Clayton county was levied on six bushels of corn and a half-interest in 100 acres of land and in a mill aud fixtures thereon, as the property of the defendant in the execution, who thereupon, aá the head of a family, interposed a claim to the property as a homestead exemption, Under the evidence and the judge’s charge, the jury found subject the interest of the defendant in execution as shown by the evidence ; and he took…

1Opinion of the Court

Blandford, Justice.

This was an execution issued by the clerk of the superior court in favor of the officers of- coui’t against the plaintifi in error, which was levied upon certain of his property. The defendant in the court below moved to dismiss the levy, .upon the grouud that the levying officer, being interested as a plaintiff, was incompetent to make it. The court overruled this motion, and his .ruling is excepted to. We think the court, did right. It has been the invariable rule for the sheriff, or other levying officer, to levy any execution for costs, whether he be interested in the…

2Cases cited1 opinion

  1. Vining v. Officers of CourtSupreme Court of Georgia · 1888

3Cited by2 opinions

  1. Brand v. ClementsSupreme Court of Georgia · 1902
  2. Peebles v. McCraryCourt of Appeals of Georgia · 1922

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