York v. Lowry

1. Where a plaintiff, after procuring a judgment in attachment, brought a petition for a rule against the sheriff, alleging that after seizing the property the sheriff delivered it back to the defendant “without requiring and taking bond with good security as under the law in *390such cases made and provided,” and where the sheriff filed an answer which was not traversed, the statements of fact in the answer were conclusive and evidence could not be considered to refute them. Read Phosphate Co. v. Weichselbaum Co., 1 Ga. App. 420 (2) (58 S. E. 122) ; Edwards v. Harris, 7 Ga. App. 207 (66 S. E.…