Simmons v. Cooledge & Brother
Supreme Court of Georgia
Levy and claim. Before Judge Lumpkin. Fulton superior court. March term, 1894. Execution in favor of Simmons against Mrs. Smith was levied on furniture to which a claim was interposed by Cooledge & Brother. The jury found for the claimants, and plaintiff’s motion for a new trial was overruled. The material ground of the motion arises upon the following facts; Claimants had a mortgage on furniture, given to them by Mrs. Smith.
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Levy and claim. Before Judge Lumpkin. Fulton superior court. March term, 1894. Execution in favor of Simmons against Mrs. Smith was levied on furniture to which a claim was interposed by Cooledge & Brother. The jury found for the claimants, and plaintiff’s motion for a new trial was overruled. The material ground of the motion arises upon the following facts; Claimants had a mortgage on furniture, given to them by Mrs. Smith. They foreclosed it, and the mortgage fi. fa. was levied by the sheriff’. Shortly afterwards an order for sale of the property under levy, within ten days, under the…
1Opinion of the Court
Lumpkin, Justice.
It is unnecessary to deal specifically with the numerous questions made in this ease. It turns mainly upon the proposition announced in the first head-note. Section 3648 of the code provides, in substance, among other things, that whenever any process issuing from a superior court is levied on personal property of a perishable nature, or which is liable to deteriorate in value from keeping, or is expensive to keep, and it remains in the hands of the levying' officer because of a failure by the defendant to replevy the same, “ upon the facts being made plainly to appear to the…
2Cited by3 opinions
- Kirkland v. Gaskins, Paulk & Co.Court of Appeals of Georgia · 1917
- Jackson v. ParksCourt of Appeals of Georgia · 1934
- Parker & Dunn v. StateSupreme Court of Georgia · 1928