Harris v. Black
Supreme Court of Georgia
Action upon bond. Before Judge Worrill. Early superior court, April 8, 1914. - On March 15, 1913, J. M. Harris and others brought suit against L. E. Black, former sheriff of Early county, and the Fidelity and Deposit Company of Maryland, as surety on his official bond. The petition as amended alleged in substance as follows: The plaintiffs are the sole heirs at law of J. M. Harris, deceased.
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Action upon bond. Before Judge Worrill. Early superior court, April 8, 1914. - On March 15, 1913, J. M. Harris and others brought suit against L. E. Black, former sheriff of Early county, and the Fidelity and Deposit Company of Maryland, as surety on his official bond. The petition as amended alleged in substance as follows: The plaintiffs are the sole heirs at law of J. M. Harris, deceased. At the date of his death he was in-possession of a described tract of land containing about 250 acres. The administrator appointed -on his estate died, and there is now no administrator, nor is there any…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. After a judgment has become dormant, the execution based on it is not enforceable by levy, and a sale thereunder is void. Welch v. Butler, 24 Ga. 445; Davis v. Comer, 108 Ga. 117 (33 S. E. 852, 75 Am. St. R. 33); Conley v. Redwine, 109 Ga. 640 (35 S. E. 92, 77 Am. St. R. 398). In McDougald v. Dougherty, 12 *500Ga. 613, it was held that the levy of an execution against one person upon property in the possession of another, and not subject thereto, was a trespass. In Hall v. Lyon, 37 Ga. 636, where a clerk had erroneously issued executions for cost, but they…
2Cases cited22 opinions
- Kenny v. CollierSupreme Court of Georgia · 1887
- McCain v. BonnerSupreme Court of Georgia · 1905
- Bigby v. DouglasSupreme Court of Georgia · 1905
- Conley v. RedwineSupreme Court of Georgia · 1900
- Reid v. FlippenSupreme Court of Georgia · 1872
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hatcher v. State of TexasTexas Supreme Court · 1935
- Copeland v. DunehooCourt of Appeals of Georgia · 1927
- Fidelity-Phenix Insurance v. MauldinCourt of Appeals of Georgia · 1970
- Arnold v. Board of County Com'rsSupreme Court of Oklahoma · 1926
- Morrison v. Fidelity & Deposit Co. of MarylandSupreme Court of Georgia · 1920
14 more not listed; retrieve them via the Exa API.