Wilbur v. Stokes
Supreme Court of Georgia
Action on bond. Before Judge Felton. Bibb superior court. April 24, 1902. This was an action on a constable’s bond, for damages occasioned by the levy of a fi. fa. issued on a void judgment against a garnishee.
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Action on bond. Before Judge Felton. Bibb superior court. April 24, 1902. This was an action on a constable’s bond, for damages occasioned by the levy of a fi. fa. issued on a void judgment against a garnishee. It appeared that the affidavit and bond were signed on April 18, 1901; that a summons dated the same day, requiring an answer on April 20, was served on April 19; and that judgment-by default was entered against the garnishee on April 20, 1901. An execution regular on its face issued thereon May 2, and was levied, May 7,1901, by Stokes, a constable of another district, who did not…
1Opinion of the CourtLamar, J.
A levying officer is not bound to inquire into the validity of the proceedings on which the execution is based. If the process is from a court of competent jurisdiction, issued by the proper officer, regular on its face, and the constable has no notice, from the writ or papers attached thereto, of defects in the proceedings, or that the execution has been superseded, he is not liable for damages in levying the same, even though the judgment on which it issued is void. Johnson v. Fox, 51 Ga. 270; Singer Co. v. Barnett, 76 Ga. 377; Jordan v. Porterfield, 19 Ga. 139. In Gunn v. Pattishal, 48 Ga.…
2Cases cited4 opinions
- Gunn v. PatishalSupreme Court of Georgia · 1873
- Jordan v. PorterfieldSupreme Court of Georgia · 1855
- Singer Sewing Machine Co. v. BarnettSupreme Court of Georgia · 1886
- Johnson v. FoxSupreme Court of Georgia · 1874
3Cited by4 opinions
- Burney v. Mayor of BostonCourt of Appeals of Georgia · 1919
- Fort v. KremerCourt of Appeals of Kentucky · 1917
- Horrigan v. Savannah Grocery Co.Supreme Court of Georgia · 1906
- Hearell v. VannCourt of Appeals of Georgia · 1921