Giddens v. Dismukes
Supreme Court of Georgia
Debt on bond. Tried before Judge Worrim, iu Talbot Superior Court, September Term, 1858. On the 24th day of May, 1844, James K. Giddens, then Sheriff of the county of Talbot, having in his hands three ft. fas. against Charles Evans and Jlenry D. Evans, executors of John Evans, deceased, levied them on a negro man named George. The plaintiffs in fi. ja. were Ezekiel B. Smith, Levi i urner, and Stallings and Persons.
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Debt on bond. Tried before Judge Worrim, iu Talbot Superior Court, September Term, 1858. On the 24th day of May, 1844, James K. Giddens, then Sheriff of the county of Talbot, having in his hands three ft. fas. against Charles Evans and Jlenry D. Evans, executors of John Evans, deceased, levied them on a negro man named George. The plaintiffs in fi. ja. were Ezekiel B. Smith, Levi i urner, and Stallings and Persons. The defendants in fi. fa. gave to Giddens, as Sheriff, their forthcoming bond, with Benjamin T. Emanuel as surety, in the sum of twelve hundred dollars, conditioned to be void on…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion. '
Upon a careful examination of the whole record, we feel constrained to award a new (rial in this case. Without considering the alleged errors separately, we prefer to submit our views generally, upon the law of the case, as applied to the rights of the parties.
*115Assuming that the proof shows, that the negro George Avas not delivered on the day of sale, within the hours of sale, but that he was subsequently, andón the evening of the same day, placed in the hands of the Sheriff; and upon consultation with the attorneys of the creditors, it was…
2Cited by3 opinions
- Lackey v. MizeSupreme Court of Georgia · 1885
- Arnold & Son v. RhodesCourt of Appeals of Georgia · 1920
- Lackey v. MizeSupreme Court of Georgia · 1885