State v. Jeter
Supreme Court of Georgia
Claim. Sheriffs. Levy and sale. Practice in the Superior Court. Before Judge Wright. Decatur Superior Court. November Term, 1877. An execution in favor of the state of Georgia against Griffin, tax collector, Harrell, Jeter and others, sureties, was levied by Harrell, who was then sheriff, upon certain land as the property of Jeter. The latter, for his family, filed a claim.
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Claim. Sheriffs. Levy and sale. Practice in the Superior Court. Before Judge Wright. Decatur Superior Court. November Term, 1877. An execution in favor of the state of Georgia against Griffin, tax collector, Harrell, Jeter and others, sureties, was levied by Harrell, who was then sheriff, upon certain land as the property of Jeter. The latter, for his family, filed a claim. When the case was called, claimant moved to dismiss the levy because made by a co-defendant to they?, fa. The motion was sustained, and plaintiff excepted.
1Opinion of the Court
Bleckley, Judge.
Section of the Code 911 requires that executions against tax collectors and receivers shall be directed to “ all and singular the sheriffs of this state.” The same section provides, however, that the work of executing is to be done by the sheriffs, or. their lawful deputies, “ or other officer lawfully in their stead.” This latter phrase must refer to the general law, as set forth in other sections of the Code. Section 8344 prescribes that “ if the sheriff is a party to the cause, the process shall be directed to the coroner of the county, and to the sheriffs of the adjoining…
2Cases cited4 opinions
- Johnson v. ShurleySupreme Court of Georgia · 1877
- Flury v. GrimesSupreme Court of Georgia · 1874
- Hill v. DeLaunaySupreme Court of Georgia · 1866
- Rutherford v. DixonSupreme Court of Georgia · 1857
3Cited by8 opinions
- Hillyer v. PearsonSupreme Court of Georgia · 1903
- Lexington Developers, Inc. v. O'Neal Construction Co.Court of Appeals of Georgia · 1977
- Abrams v. AbramsSupreme Court of Georgia · 1977
- Yancey v. StateCourt of Appeals of Georgia · 1959
- Wynn v. MaddoxCourt of Appeals of Georgia · 1924
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