Sharp v. Kennedy
Supreme Court of Georgia
Illegality. Amendment. Before Judge Steozer. Terrell Superior Court. May Term, 1873. An execution issued in favor of Wright Kennedy against Leroy Brown, David Sharp, security, and Farnum & Sharp, returnable to the May term, 1873, of Terrell Superior Court, for $800 00, principal, besides interest and cost.
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Illegality. Amendment. Before Judge Steozer. Terrell Superior Court. May Term, 1873. An execution issued in favor of Wright Kennedy against Leroy Brown, David Sharp, security, and Farnum & Sharp, returnable to the May term, 1873, of Terrell Superior Court, for $800 00, principal, besides interest and cost. A levy was made upon certain property as belonging to James P. Sharp, a member of the firm of Farnum & Sharp, who, for himself, for said firm, and as agent for David Sharp, presented an affidavit of illegality substantially as follows : 1st. That David Sharp and Farnum & Sharp were merely…
1Opinion of the Court
McCay, Judge.
1. We see no error in this judgment. The entry of the sheriff was a perfect entry. The Code does ’not require, in terms, that it should be signed, though that is undoubtedly proper: Code (Irwin’s) 3592. But the failure to sign is, as we think, amendable. The entry describing the property, and asserting the intention of the officer to seize the land, was complete. The signature is only the supplying of a clerical error. It might be different if there was no entry, (in case of land,) or if the entry was, in itself, wholly wanting in certainty: See case of Wilson vs. Ansley, at this…
2Cited by8 opinions
- Stancel v. PuryearSupreme Court of Georgia · 1877
- Mobley v. GoodwynCourt of Appeals of Georgia · 1928
- Terry v. Bank of AmericusSupreme Court of Georgia · 1886
- Winn v. MillerSupreme Court of Georgia · 1911
- Dixon v. Mayor of SavannahCourt of Appeals of Georgia · 1917
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