Mattox v. Barry
Supreme Court of Georgia
Money rule. Before Judge Morrill. Randolph superior court. June 7, 1910. On November 8th, 1909, in the superior ■ court of Randolph county C. F. Barry recovered judgment in an attachment case against George L. Barry, and on the same day caused execution to issue and to be entered on the general execution docket.
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Money rule. Before Judge Morrill. Randolph superior court. June 7, 1910. On November 8th, 1909, in the superior ■ court of Randolph county C. F. Barry recovered judgment in an attachment case against George L. Barry, and on the same day caused execution to issue and to be entered on the general execution docket. On November 9th, 1909, the sheriff levied it upon certain property of the defendant, which was regularly sold on December 7th, 1909. After the sale, on motion of the plaintiff in fi. fa., 'a rule was issued against the sheriff, requiring him to show cause why he should not pay the…
1Opinion of the CourtAtkinson, J.
1. The assignments of error do not afford grounds for reversing the judgment at the instance of the sheriff, the only plaintiff in error who filed exceptions to the ruling of the court. The case was a money-rule proceeding 'against the sheriff, and by consent was tried by the judge upon the pleadings and upon an agreed statement of facts. According to his answer and only prayer, the sheriff had no interest further than to obtain a judgment protecting him in the matter of paying out the fund admitted to be in his hands, and invoked no judgment other than direction from the court on that…
2Cases cited4 opinions
- Western Union Telegraph Co. v. GriffithSupreme Court of Georgia · 1900
- Orr v. WebbSupreme Court of Georgia · 1901
- Berrie v. SmithSupreme Court of Georgia · 1896
- Foster v. RutherfordSupreme Court of Georgia · 1856
3Cited by5 opinions
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- Bland v. BeasleySupreme Court of Georgia · 1912
- Wynn v. MaddoxCourt of Appeals of Georgia · 1924
- Thomasville Live Stock Co. v. BurneyCourt of Appeals of Georgia · 1917
- Riley v. Bank of JerseyCourt of Appeals of Georgia · 1931