Bosworth v. Clark
Supreme Court of Georgia
Claim. Executions. Practice in the Superior Court. Evidence. Practice in the Supreme Court. Before Judge LIillyer. Pulton Superior Court. September Term, 1878. Clark, as the indorser who had paid off an execution against J. T. Lewis, principal, and T. M. Clark, indorser, in favor of Chandler, caused the same to be levied on certain land as belonging to tiie principal. Bosworth claimed. The case was submitted to the court without a jury, by agreement.
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Claim. Executions. Practice in the Superior Court. Evidence. Practice in the Supreme Court. Before Judge LIillyer. Pulton Superior Court. September Term, 1878. Clark, as the indorser who had paid off an execution against J. T. Lewis, principal, and T. M. Clark, indorser, in favor of Chandler, caused the same to be levied on certain land as belonging to tiie principal. Bosworth claimed. The case was submitted to the court without a jury, by agreement. On the trial, claimant’s counsel moved to quash the fi. fa. on various grounds. The motion was overruled. Plaintiff’s counsel put in evidence a…
1Opinion of the Court
Jackson, Justice.
1. It is not necessary to consider the various objections to *288the execution in the view we take of the claimant’s motion. Her motion was to quash the fi. fa. The motion should have been to exclude it as evidence when it was tendered as such, or to dismiss the levy. In a claim case, the only concern that the claimant has with the execution is to see that it does not touch his property; that it does not proceed illegally against it. Defendant in execution is not a party,, and he might be willing for the fi. fa. to stand against him,, or to be amended, or an alias to issue at…
2Cited by7 opinions
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- Morrison & McRae v. AndersonSupreme Court of Georgia · 1900
- Morton, Bliss & Co. v. GahonaSupreme Court of Georgia · 1883
- Norman, Timmons & Co. v. SmithSupreme Court of Georgia · 1908
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