Smith v. West
Supreme Court of Georgia
Buie. Before D. W. Blair, judge pro hac vice. Gordon superior court. W. J. West, doing business as W. J. West & Company, filed a petition against H. L. Smith, former sheriff of Gordon county, addressed to the superior court, alleging, among other things, that prior to October 20, 1906, an execution in favor of petitioner, dated September 6, 1906, against Plainville Boiler Mill Company for $400 as principal, $40 as interest to date of judgment, $40 as attorney’s fees, and all…
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Buie. Before D. W. Blair, judge pro hac vice. Gordon superior court. W. J. West, doing business as W. J. West & Company, filed a petition against H. L. Smith, former sheriff of Gordon county, addressed to the superior court, alleging, among other things, that prior to October 20, 1906, an execution in favor of petitioner, dated September 6, 1906, against Plainville Boiler Mill Company for $400 as principal, $40 as interest to date of judgment, $40 as attorney’s fees, and all -future interest at 8 per cent, per annum, and $13.65 costs, was placed in the hands of the defendant, with…
1Opinion of the CourtAtkinson, J.
1. While a sheriff, under the provisions of the Civil Code, § 47"?7, is liable to be attached as for a contempt for neglecting to sell property upon which he has made a levy, it is competent for him, in defense to a rule brought against him for such neglect, to show that the property levied upon was not subject to the execution. Brannon v. Barnes, 111 Ga. 850 (36 S. E. 689). The amendment to the answer of the defendant set forth “that after he levied the fi. fa., as alleged, he found and discovered, before the date of sale as advertised, that the property levied on was not the property of the…
2Cases cited3 opinions
- Swatts v. SpenceSupreme Court of Georgia · 1882
- Brannon v. BarnesSupreme Court of Georgia · 1900
- Watson v. Equitable Mortgage Co.Supreme Court of Georgia · 1909
3Cited by2 opinions
- Sutton v. GrinerCourt of Appeals of Georgia · 1918
- Wolfe v. Citizens BankCourt of Appeals of Georgia · 1921