Legal Opinion
Reese v. Bice
Court of Appeals of Georgia
Decided January 31, 1953No. 34407PublishedCited by 2 opinions
1Opinion of the CourtTownsend, J.
A constable who seizes the property of another under a void process issued by a court without jurisdiction, or makes such seizure without benefit of any process at all, is a trespasser and may be sued for damage resulting to the property from his illegal act. Hamer v. White, 110 Ga. 300 (2) (34 S. E. 1001); Minhinnett v. Jackson, 45 Ga. App. 207 (3) (164 S. E. 96); Code, §105-1703. As stated in Fulton Grocery Co. v. Maddox, 111 Ga. 260, 265 (36 S. E. 647): “Where property of a person against whom no process has ever issued is seized, such seizure, followed by actual damages to the owner of…
2Cases cited9 opinions
- Citizens Bank v. American Surety Co.Supreme Court of Georgia · 1932
- Hamer v. WhiteSupreme Court of Georgia · 1900
- Fulton Grocery Co. v. MaddoxSupreme Court of Georgia · 1900
- Henry v. RobertsSupreme Court of Georgia · 1913
- Highsmith v. National Linen Service Corp.Court of Appeals of Georgia · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hardin v. NicholasCourt of Appeals of Georgia · 1954
- Analytical Systems, Inc. v. ITT Commercial Finance Corp.District Court, N.D. Georgia · 1986