Singer Sewing Machine Co. v. Barnett
Supreme Court of Georgia
■ Constables.. Officers. Executions. Levy and Sale. Before Judge Eain. Whitfield Superior Court. October Term, 1885. The Singer Sewing Machine Company ruled a former constable for failing to make the money on a fi.fa. The respondent answered, denying his liability.
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■ Constables.. Officers. Executions. Levy and Sale. Before Judge Eain. Whitfield Superior Court. October Term, 1885. The Singer Sewing Machine Company ruled a former constable for failing to make the money on a fi.fa. The respondent answered, denying his liability. On the trial of the case, the court, over objection of the plaintiff’s counsel, admitted in evidence the docket of the justice’s court for the purpose of showing that the fi. fa. did not follow the judgment, the latter being for the principal, with interest from November 14,1882, while the fi. fa. included interest from January 14,…
1Opinion of the Court
Blandford, Justice.
The question here is, whether a constable can protect himself, under a rule, for not making the money due on a fi.fa. placed in his hands, on the ground that thefi.fa. did not follow the judgment upon which it was issued.
This court held in Gladden, sheriff, vs. J. L. & R. H. Cobb, decided at September term, 1884 (73 Ga., 235), that a sheriff would not be protected, upon a rule against him, on the ground that the execution issued on an irregular proceeding, for not collecting the amount due on the execution. The execution in the present case is not void, but only voidable,…
2Cases cited2 opinions
- Gladden v. CobbSupreme Court of Georgia · 1884
- Jordan v. PorterfieldSupreme Court of Georgia · 1855
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