Legal Opinion

State v. Paschal

Court of Appeals of Georgia

Decided August 23, 1921No. 12105PublishedCited by 4 opinions

Claim; from Camden superior court — Judge Highsmith. December 14, 1920. Application for certiorari was denied by the Supreme Court.

1Opinion of the CourtJenkins, P. J.

While, under section 1151 of the Political Code (1910), executions for non-payment of taxes are directed “ to all and singular the sheriffs and constables of this State,” and under section 1166 “the tax-collector may place his fi. fas. in the hands of any one constable of the county, who shall be authorized to collect or levy the same in any part of the county,” the authority of a constable under these sections must be construed with the limitations imposed by section 1165, which expressly prohibits such officer from levying “ a tax fi. fa. when the principal amount exceeds one hundred…

2Cases cited3 opinions

  1. Winn v. ButtsSupreme Court of Georgia · 1907
  2. Butler v. DavisSupreme Court of Georgia · 1881
  3. Watson v. SwannSupreme Court of Georgia · 1889

3Cited by4 opinions

  1. McDonald v. WimpySupreme Court of Georgia · 1947
  2. Paschal v. GodleyCourt of Appeals of Georgia · 1925
  3. Percy Wilson Mortgage & Finance Corp. v. SizemoreCourt of Appeals of Georgia · 1983
  4. McDonald v. WimpySupreme Court of Georgia · 1947

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