Barfield v. Barfield

1 Ga. L. Rep. 458

Opinion

Blandford, J.

Section 3641 of the Code gives the levying officer a discretion as to the value of property levied on. It is to be sufficient to satisfy the execution. But if the officer violates his duty either by making an excessive levy or by refusing to levy on the property pointed out by the defendant, he is liable for such special damages as the defendant may incur thereby; but this will be no valid objection to the process.

Judgment affirmed.