Franklin, Reid & Co. v. Norton
Supreme Court of Georgia
Factor’s lien. Oral lien. Examination. Rule against sheriff. Before Judge Andrews. Wilkes Superior Court. May Adjourned Term, 1872. Franklin, Reid & Company, factors and commission merchants, obtained a rule against James M. Dyson, deputy sheriff of the county of Wilkes, requiring him to show cause why he should not pay over to the plaintiffs the principal and interest due upon an execution in their favor, against one James C. Newsom of said county, issuing upon the…
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Factor’s lien. Oral lien. Examination. Rule against sheriff. Before Judge Andrews. Wilkes Superior Court. May Adjourned Term, 1872. Franklin, Reid & Company, factors and commission merchants, obtained a rule against James M. Dyson, deputy sheriff of the county of Wilkes, requiring him to show cause why he should not pay over to the plaintiffs the principal and interest due upon an execution in their favor, against one James C. Newsom of said county, issuing upon the foreclosure of a factor’s lien. Said sheriff set forth in his answer an execution against the same defendant in favor of P. H.…
1Opinion of the Court
Montgomery, Judge.
The language of section'1970 of the Code is clearly permissive, in our judgment. Were it doubtful, it would certainly work much inconvenience to construe it otherwise. A plaintiff in fi. fa., who has placed his execution in the sheriff’s hands to be levied, may never hear of a conflicting lien fi. fa. until the sheriff sets it up in his answer to a money rule as an excuse for not paying the funds over to the plaintiff moving the rule; and the inconvenience would amount to hardship if, as contended, it would then be too late for the movant to proceed under the section.
If,…
2Cases cited3 opinions
- Williams v. MartinSupreme Court of Georgia · 1849
- Kelsey & Halstead v. L. M. Wyley, Parish & Co.Supreme Court of Georgia · 1851
- Johnston v. CrawleySupreme Court of Georgia · 1857
3Cited by2 opinions
- Wright v. Southwestern RailroadSupreme Court of Georgia · 1880
- Smith v. McPhersonSupreme Court of Georgia · 1886