Ward v. McLamb
Supreme Court of Georgia
Affidavit of illegality. Before Judge Seabrook. Liberty superior court. June 27, 1903. The execution .was for $290 principal, besides interest and costs. According to the affiant’s evidence, $200 was the value of the property levied on and released; the plaintiff testified that $90 was a fair pride for it. The jury, by direction of the court, rendered a verdict “in favor of the illegality.”
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Affidavit of illegality. Before Judge Seabrook. Liberty superior court. June 27, 1903. The execution .was for $290 principal, besides interest and costs. According to the affiant’s evidence, $200 was the value of the property levied on and released; the plaintiff testified that $90 was a fair pride for it. The jury, by direction of the court, rendered a verdict “in favor of the illegality.” The plaintiff made a motion for a new trial, on the grounds that the verdict was contrary to law and the evidence, and that the court erred in directing the verdict. The motion was overruled, and he…
1Opinion of the CourtTurner, J.
1. Where an execution against a principal and sureties is levied on property of the principal which, on being claimed, is found subject, if the plaintiff receives therefor, irregularly and without a judicial sale, a sum less than its value, the sureties will be entitled to be discharged from said fi. fa. to the extent of the actual value of the property. Atlanta National Bank v. Douglass, 51 Ga. 205, 209; Lewis v. Armstrong, 80 Ga. 402, 407; Small v Hicks, 81 Ga. 691; Marshall v. Dixon, 82 Ga. 437; Griffeth v. Moss & Co., 94 Ga. 199; Montgomery & Co. v. Martin, Id. 219.
2. On the trial of an…
2Cases cited5 opinions
- Atlanta National Bank v. DouglassSupreme Court of Georgia · 1874
- Lewis v. ArmstrongSupreme Court of Georgia · 1888
- Griffeth v. Moss & Co.Supreme Court of Georgia · 1894
- Small v. HicksSupreme Court of Georgia · 1889
- Marshall v. DixonSupreme Court of Georgia · 1889
3Cited by5 opinions
- Williams v. KennedySupreme Court of Georgia · 1910
- Johnson v. LongleySupreme Court of Georgia · 1914
- Cloud v. ScarboroughCourt of Appeals of Georgia · 1907
- Bulloch Mortgage Loan Co. v. JonesCourt of Appeals of Georgia · 1940
- Blackburn v. MorelCourt of Appeals of Georgia · 1913