Seymour v. House

Upon the facts summarized in the headnote, the trial judge rightly held that the plaintiff’s action of trover was not maintainable. Her counsel relied here upon the decision of this court in Houser v. Williams, 84 Ga. 601, in which it was held that a sheriff, after accepting from a claimant a forthcoming bond and releasing the property under execution, has no authority, before a breach of the bond, to again seize the property and charge the plaintiff in execution with the expense of keeping it. In delivering the opinion of the court, the present Chief Justice, in answering the argument that…