Legal Opinion

Morrison & McRae v. Anderson

Supreme Court of Georgia

Decided June 7, 1900PublishedCited by 6 opinions

Levy and claim. Before Judge Smith. Montgomery superior court. November term, 1899.

1Opinion of the CourtLumpkin, P. J.

A claimant of property levied upon has no right to make a motion to quash the attachment or judgment upon which the execution is based, or the execution itself. His only concern being that the process shall not be enforced by a seizure and sale of his property, his remedy, in a case where such a motion would be good if presented by the proper party, is to move to dismiss the levy. Bosworth v. Clark, 62 Ga. 286; Morton v. Gahona, 70 Ga. 569 ; Krutina v. Culpepper, 75 Ga. 602 ; Gazan v. Royce, 78 Ga. 512; Davidson v. Rogers, 80 Ga. 287.

Judgment reversed,.

All the Justices concurring, except Fish…

2Cases cited5 opinions

  1. Gazan v. Royce & Co.Supreme Court of Georgia · 1887
  2. Krutina v. CulpepperSupreme Court of Georgia · 1886
  3. Bosworth v. ClarkSupreme Court of Georgia · 1879
  4. Morton, Bliss & Co. v. GahonaSupreme Court of Georgia · 1883
  5. Davidson v. RogersSupreme Court of Georgia · 1887

3Cited by6 opinions

  1. Rossiter MacGovern & Co. v. Carrollton Electric Light Co.Court of Appeals of Georgia · 1908
  2. Craig v. TaylorCourt of Appeals of Georgia · 1926
  3. Pioneer Investments, Inc. v. AdrineCourt of Appeals of Georgia · 1958
  4. Davis Construction Co. v. Albany Produce Co.Court of Appeals of Georgia · 1923
  5. Carreker v. ThorntonCourt of Appeals of Georgia · 1907

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