Legal Opinion

McBrien v. Starkweather

Court of Appeals of Georgia

Decided September 16, 1931No. 20896PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

1. Although, as provided in section 5064 of the Civil Code of 1910, attachments returnable to the justices’ courts should be directed “to all and singular the constables of this State,” yet where an attachment is misdirected, a levy thereunder is nevertheless lawful if made by an officer to whom the attachment was directed and who was lawfully empowered to make the levy. Warren v. Purtell, 63 Ga. 428; Buchanan v. Sterling, 63 Ga. 227; Cheney v. Beall, 69 Ga. 533. Where an attachment which is returnable to the justice’s court is directed “to all and singular sheriffs and constables of said…

2Cases cited3 opinions

  1. Warren v. PurtellSupreme Court of Georgia · 1879
  2. Buchanan v. SterlingSupreme Court of Georgia · 1879
  3. Cheney & Matthews v. BeallSupreme Court of Georgia · 1882

3Cited by2 opinions

  1. Employees Retirement System v. LewisCourt of Appeals of Georgia · 1964
  2. Horton v. JohnsonSupreme Court of Georgia · 2010

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