Thrash & Co. v. Harman
Court of Appeals of Georgia
Money rule; from city court of Greenville — Judge Revill. January 34, 1917. J. A. Thrash & Company obtained four judgments in a justice’s court against Aleck Watson. On December 8, 1914, executions were issued, and on December 36, 1914, two of these executions were levied on a black horse-mule as the property of Aleck Watson.
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Money rule; from city court of Greenville — Judge Revill. January 34, 1917. J. A. Thrash & Company obtained four judgments in a justice’s court against Aleck Watson. On December 8, 1914, executions were issued, and on December 36, 1914, two of these executions were levied on a black horse-mule as the property of Aleck Watson. The mule was advertised for sale by the constable and was sold for $153. J. A. Thrash & Co. obtained a rule against the constable, who answered, admitting the facts stated in the rule. Cal and Charles Harman filed an intervention in which they alleged that the mule from…
1Opinion of the Court
Bloodworth, J..
A rule against a constable to distribute money in his hands is essentially an equitable proceeding. In Coleman v. Slade, 75 Ca. 73, it was said: “It must be borne in mind that these issues on money rules against the sheriff, when creditors contest for their respective rights and priorities of lien, are in the nature of equitable proceedings, and should be determined accordingly; and no irregularities should defeat the real equities of the parties and justice of the ease.” In Wright v. Brown, 7 Ga. App. 389 (66 S. E. 1034), it was held: “If the title to the property sold as the…
2Cases cited10 opinions
- Wright, Williams & Wadley v. BrownCourt of Appeals of Georgia · 1910
- National Bank v. Exchange BankSupreme Court of Georgia · 1900
- Bradshaw v. GormerlySupreme Court of Georgia · 1875
- Baker & Hall v. GladdenSupreme Court of Georgia · 1884
- Georgia Realty Co. v. Bank of CovingtonCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.
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