Treadwell, Abbott & Co. v. Beauchamp
Supreme Court of Georgia
Rule. Sheriffs. Executions. Illegality. Before Judge Boynton. Butts superior court. September adjourned term, 1888. Reported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
The sheriff was ruled for not making the money upon a justice’s court fi.fa. which had been levied upon land. His authority to make the levy was conferred by the act of October 17th, 1885. (Acts 1884-5, 68.) He answered that one of the defendants had interposed an affidavit of illegality to the/, fa., and that he (the sheriff) had consulted counsel and was advised to return it to the justice’s court for trial. This was his excuse for not raising the money. We think the excuse insufficient. He ought not to have received the affidavit of illegality. Two of the grounds go…
2Cases cited4 opinions
- Wheeler v. ThomasSupreme Court of Georgia · 1876
- Gladden v. CobbSupreme Court of Georgia · 1884
- Kite v. LumpkinSupreme Court of Georgia · 1869
- Tucker v. RespassSupreme Court of Georgia · 1859
3Cited by7 opinions
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Coursey v. CourseySupreme Court of Georgia · 1913
- Felker v. JohnsonSupreme Court of Georgia · 1940
- Woodward v. McDonaldSupreme Court of Georgia · 1902
- Georgia Northern Railway Co. v. ConeCourt of Appeals of Georgia · 1916
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