Johnson v. Johnson
Supreme Court of Georgia
Service. Sheriff. Estoppel. Before Judge Gibson. 'Warren Superior Court. April Term, 1874. An execution issued in favor of C. F. Johnson et al., executors, against W. R. D. Johnson, for $341 30 principal debt, with interest from August 16th, 1870. On November 1st, 1873, it was levied upon certain lands as the property of the defendant. On the 20th of the same month lie filed an affidavit of illegality, upon the ground that he neither had been served nor waived service.
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Service. Sheriff. Estoppel. Before Judge Gibson. 'Warren Superior Court. April Term, 1874. An execution issued in favor of C. F. Johnson et al., executors, against W. R. D. Johnson, for $341 30 principal debt, with interest from August 16th, 1870. On November 1st, 1873, it was levied upon certain lands as the property of the defendant. On the 20th of the same month lie filed an affidavit of illegality, upon the ground that he neither had been served nor waived service. The entry of the sheriff on the declaration showed personal service on March 20th, 1873. Upon the trial of the issue thus…
1Opinion of the Court
McCay, Judge.
1. Under the charge of the court the evidence of -the sheriff was entirely excluded from the consideration of the jury. This, we think, was error. We do not mean to say that a man can, by agreement, agree to any other service of a writ than that required by law. But we do say that if he does so, and others act on the agreement so that they will be damaged if it be repudiated, the party making the agreement cannot deny its legal effect. Here, if the sheriff tells the truth, the defendant deliberately misled him, and it is asked that a court shall aid that defendant to make his…
2Cited by1 opinion
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