Duncan v. Webb
Supreme Court of Georgia
Fi. fa. and claim, in Randolph Superior Court. Tried before Judge Warren, April Term, 1849. A fi. fa. in favor of James E. Duncan against Lemuel Webb, was levied on a tract of land as the property of defendant, 26th May, 1846, to wliich a claim was interposed by Richard Foster.
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Fi. fa. and claim, in Randolph Superior Court. Tried before Judge Warren, April Term, 1849. A fi. fa. in favor of James E. Duncan against Lemuel Webb, was levied on a tract of land as the property of defendant, 26th May, 1846, to wliich a claim was interposed by Richard Foster. On the trial at May Term, 1849, the plaintiff in fi. fa. offered in evidence an execution issued 6th December, 1833, from the Superior Court of Thomas County, with the following entries thereon; “ Received this fi. fa. 1st February, 1834. John C. Browning,. D. S.” “No property of the defendant to be found in this…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] The execution tendered in evidence by the plaintiff, was rejected by the Circuit Judge, on the ground that the return required by the Act of 1823 should be made either by the Sheriff of the County where the defendant resides, or where the judgment was obtained. The language of the Statute is, that the entry shall be made by “ the proper officer for executing and returning the same.” Prince, 458. It is clear that the Act itself contains no such restriction. The fieri facias is directed “ to all and singular, the Sheriffs of the State.” It…
2Cited by2 opinions
- Welch v. ButlerSupreme Court of Georgia · 1858
- Hicks v. Warfield & Co.Court of Appeals of Georgia · 1913