Legal Opinion

Scott v. Ward

Court of Appeals of Georgia

Decided October 16, 1918No. 9501PublishedCited by 4 opinions

Eule against sheriff; from Crisp superior court—E. F. Strozier, judge pro hac vice. November 20, 1917. In the petition of W. E. Scott for a rule against J. H. Ward, sheriff, it is alleged: that in the' case of B. 0. Willis et al. v. J.'H. Ward, sheriff, which was a rule to distribute money, the answer of the sheriff stated that the property levied on was'sold for $765; that at the hearing of that proceeding, on June 21, 1915, the court ordered the sheriff to pay to…

Read the full summary

Eule against sheriff; from Crisp superior court—E. F. Strozier, judge pro hac vice. November 20, 1917. In the petition of W. E. Scott for a rule against J. H. Ward, sheriff, it is alleged: that in the' case of B. 0. Willis et al. v. J.'H. Ward, sheriff, which was a rule to distribute money, the answer of the sheriff stated that the property levied on was'sold for $765; that at the hearing of that proceeding, on June 21, 1915, the court ordered the sheriff to pay to plaintiff, Scott, $333.43; that the sheriff caused to be paid over to J. T. Hill, attorney for plaintiff, $166.71, leaving a…

1Opinion of the Court

'Jenkins, J.

(After stating the foregoing facts.) The effect of the agreement entered into between the plaintiff and the Byrom Corporation was to release the sheriff from any liability to the plaintiff for the balance due him under the judgment in the former money-rule proceeding, and also to relieve the Byrom Corporation from the necessity of paying to the sheriff that amount of the purchasé-price of the property purchased by--the said corporation, the plaintiff therein agreeing to adjust the remainder of his claim with the Byrom Corporation and to look to it for the payment thereof. The…

2Cases cited8 opinions

  1. Ferst's Sons & Co. v. Bank of WaycrossSupreme Court of Georgia · 1900
  2. Dever v. AkinSupreme Court of Georgia · 1869
  3. Strickland v. SmithSupreme Court of Georgia · 1874
  4. Anderson v. Whitehead, Eggleston & Co.Supreme Court of Georgia · 1875
  5. Brown v. HarrisSupreme Court of Georgia · 1856

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

3Cited by4 opinions

  1. Cowart v. SmithCourt of Appeals of Georgia · 1948
  2. Yancey Bros. v. BowlingCourt of Appeals of Georgia · 1955
  3. Loftis Plumbing & Heating Co. v. American Surety Co.Court of Appeals of Georgia · 1946
  4. Didschuneit v. Enochs Lumber & Manufacturing Co.Court of Appeals of Georgia · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API