Legal Opinion

Personal Finance Co. v. Evans

Court of Appeals of Georgia

Decided February 23, 1932No. 21563PublishedCited by 4 opinions

1Opinion of the CourtBell, J.

1. Any officer knowingly levying upon property which has been made exempt from the process by either of the methods provided by law shall be guilty of a trespass, except that in ease of the constitutional homestead a levy is permissible where the plaintiff, his agent or attorney, makes and places in the hands of the officer the affidavit prescribed by law. Civil Code (1910), §§ 3399, 3400, 3422; Marcrum v. Washington, 109 Ga. 296 (2) (34 S. E. 585).

2. Where an officer makes an unauthorized and wrongful levy upon the property of another, he and any others who procure such a seizure are liable…

2Cases cited12 opinions

  1. Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
  2. Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
  3. Vandalsem v. CaldwellCourt of Appeals of Georgia · 1924
  4. Kimsey v. RogersSupreme Court of Georgia · 1928
  5. Evans v. CannonCourt of Appeals of Georgia · 1925

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. City of Dalton v. JoyceCourt of Appeals of Georgia · 1944
  2. Alexander v. HolmesCourt of Appeals of Georgia · 1951
  3. Jenkins v. Dunlop Tire & Rubber Corp.Court of Appeals of Georgia · 1944
  4. Chambers v. SelfCourt of Appeals of Georgia · 1936

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