Curry v. Mayor of Savannah
Supreme Court of Georgia
Municipal corporations. Levy and sale. Before Judge Tompkins. Chatham Superior Court. October Term, 1878. Several justice court fi. fas. in favor of Curry against the Mayor, etc., of Savannah, were levied on a house and lot.
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Municipal corporations. Levy and sale. Before Judge Tompkins. Chatham Superior Court. October Term, 1878. Several justice court fi. fas. in favor of Curry against the Mayor, etc., of Savannah, were levied on a house and lot. Defendant filed an affidavit of illegality to each fi.fa., one ground of illegality being that defendant is a municipal corporation “ and owns the said property levied on in that capacity and in the performance of its functions in the administration of the powers of government delegated to it; and so the deponent says that the said land is not subject to levy and sale…
1Opinion of the Court
Jackson, Justice.
The sole question is, whether a certain lot and tenement formerly in use for a fire-engine by the city authorities and still held by them for future use in like manner and purpose, is liable to be levied upon and sold by the sheriff under afi.fa. issued upon a common law judgment?
We think that all property held by the city authorities for the public use, health .or enjoyment of the people of the city, is not so liable to levy and sale. Further, we are of the opinion that all property of every kind held by the municipality is presumptively for the public use, and whilst…
2Cases cited1 opinion
- Adams v. Mayor of RomeSupreme Court of Georgia · 1877
3Cited by5 opinions
- Neal-Millard Co. v. Trustees of Chatham AcademySupreme Court of Georgia · 1904
- Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
- Sumter County v. Hanes, Jones & Cadbury Co.Supreme Court of Georgia · 1915