Johnston v. Bradshaw
Court of Appeals of Georgia
Taxation of costs; from Chattooga superior court — Judge Wright. January 3, 1917. In the absence of the judge of the superior court, the ordinary granted an order permitting the speedy sale of certain personal property under a superior court fi. fa., in accordance with the provisions of the Civil Code (1910), § 6068. The ordinary filed with the sheriff his bill of costs in the sum of $5, made up of the following items: “Beceiving application for order to sell, $1.25; filing…
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Taxation of costs; from Chattooga superior court — Judge Wright. January 3, 1917. In the absence of the judge of the superior court, the ordinary granted an order permitting the speedy sale of certain personal property under a superior court fi. fa., in accordance with the provisions of the Civil Code (1910), § 6068. The ordinary filed with the sheriff his bill of costs in the sum of $5, made up of the following items: “Beceiving application for order to sell, $1.25; filing and docketing, $2.00; recording same, 350 words at 15 cts. per hundred, .50; order allowing sale, .50; recording order,…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Counsel for the defendant in error contend that the ruling of the superior court was correct, for the reason that the entire proceeding was in the superior court, and that the acts performed by the ordinary did not pertain to the functions of the office of ordinary, but merely constituted the authority for the sale by the sheriff, whose duty it was to return the process to the superior court, with all his acts and doings thereon; that the ordinary had nothing to do with the proceeding except to take the place of the judge of the superior court in granting…
2Cases cited4 opinions
- Walker v. SanfordSupreme Court of Georgia · 1887
- Thomas v. ThomasSupreme Court of Georgia · 1878
- Walker v. SheftallSupreme Court of Georgia · 1884
- Lumpkin County v. WilliamsSupreme Court of Georgia · 1892
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