Reeves v. Parish
Supreme Court of Georgia
Executions. Levy and sale. Officers. Illegality. Presumptions. Before Judge Roney. McDuffie superior court. March term, 1887. Parish obtained judgment against Radford on Juñe 20th, 1885; and execution issued on August 20th, 1885, and was placed in the hands of Reeves, constable, on September 5th, 1885, with instruction to make the money on it.
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Executions. Levy and sale. Officers. Illegality. Presumptions. Before Judge Roney. McDuffie superior court. March term, 1887. Parish obtained judgment against Radford on Juñe 20th, 1885; and execution issued on August 20th, 1885, and was placed in the hands of Reeves, constable, on September 5th, 1885, with instruction to make the money on it. Two days .later, he levied it upon sufficient property and advertised the same for sale on September 19th, 1885, the regular justice’s court day. On that day he had the property at the court ground ready for sale, and defendant in Ji. fa. and his…
1Opinion of the Court
Simmons, Justice.
A rule was issued against David Reeves, constable, calling on him to show cause why he should not be attached for contempt, because he had failed to collect the money on a certain execution placed in his hands as constable for collection. He answered the rule; his answer was traversed; and the case was submitted to the judge to pass-upon the questions of law and fact, without the intervention of a jury, upon an agreed statement of the facts. The judge found against the constable and made the rule absolute, and the plaintiff in error excepted, and assigns the same as error.
We…
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