Manry v. Shepperd
Supreme Court of Georgia
Execution. Principal and surety. Practice in the Superior Court. Levy and sale. Jurisdiction. Illegality. Before Judge Hall. Calhoun Superior Court. September Adjourned Term, 1875. Susannah Shepperd brought suit against Samuel C. Saxon, as principal, and William Manry and Bedding Strickland, as securities, on a bond for the faithful accounting by the said Saxon as trustee for the plaintiff.
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Execution. Principal and surety. Practice in the Superior Court. Levy and sale. Jurisdiction. Illegality. Before Judge Hall. Calhoun Superior Court. September Adjourned Term, 1875. Susannah Shepperd brought suit against Samuel C. Saxon, as principal, and William Manry and Bedding Strickland, as securities, on a bond for the faithful accounting by the said Saxon as trustee for the plaintiff. The jury returned a verdict for the plaintiff for $592 01, principal, with interest, and judgment was rendered accordingly. On writ of error to the supreme court an affirmance was had. Execution issued,…
1Opinion of the Court
Bleckley, Judge.
We think there was no error in overruling the affidavit of illegality on any of the grounds except the third, which is disposed of in the eighth head-note. That ground was good, in substance; and the plaintiff virtually yielded the question by amending the fi. fa. The Code is express, that a levy pending when such an amendment is made, falls. Why does it fall ? Not because it becomes illegal by the amendment, but because it was illegal before, and remains so : Code, section 3495.
Judgment reversed.
2Cited by11 opinions
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- Banks v. GilesCourt of Appeals of Georgia · 1917
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