Benton & Brother v. Fish

Court of Appeals of Georgia

Benton & Brother v. Fish

57 S.E. 1079, 1 Ga. App. 656, 1907 Ga. App. LEXIS 65

CourtCourt of Appeals of Georgia

DecidedApril 25, 1907

Docket259

StatusPublished

Cited by1 cases

This text of 57 S.E. 1079 (Benton & Brother v. Fish) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benton & Brother v. Fish, 57 S.E. 1079, 1 Ga. App. 656, 1907 Ga. App. LEXIS 65 (Ga. Ct. App. 1907).

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Opinion

Hill, C. J.

This ease is controlled by the decisions of the Supreme Court in Nowell v. Haire, 116 Ga. 386; Smith v. Bearden, 117 Ga. 822; and Palmer v. Inman, 126 Ga. 519. Civil Code, §§ 3261, 3762.

Judgment affirmed.

At the regular April term, 1895, of the county court of Jasper county, a judgment was rendered in favor of L. O. Benton & Brother v. Barney Goodman and Aaron Fish. Upon this judgment an execution was issued on April 1, 1895, and on the same day was entered upon the execution docket of the county court, and also upon the execution docket of the superior court. On December 13, 1901, the sheriff made an entry of nulla bona upon the execution, and on the same date this entry was recorded upon the execution docket of the superior court, but it was not recorded upon the execution docket of the county court. On September 10, 1906, the execution was levied upon property of Aaron Fish, one of the defendants in execution. An affidavit of illegality was filed.

Greene F. Johnson, for plaintiffs. TF. 8. Florence, for defendant.

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Hill, C. J.

This ease is controlled by the decisions of the Supreme Court in Nowell v. Haire, 116 Ga. 386; Smith v. Bearden, 117 Ga. 822; and Palmer v. Inman, 126 Ga. 519. Civil Code, §§ 3261, 3762.

Judgment affirmed.

At the regular April term, 1895, of the county court of Jasper county, a judgment was rendered in favor of L. O. Benton & Brother v. Barney Goodman and Aaron Fish. Upon this judgment an execution was issued on April 1, 1895, and on the same day was entered upon the execution docket of the county court, and also upon the execution docket of the superior court. On December 13, 1901, the sheriff made an entry of nulla bona upon the execution, and on the same date this entry was recorded upon the execution docket of the superior court, but it was not recorded upon the execution docket of the county court. On September 10, 1906, the execution was levied upon property of Aaron Fish, one of the defendants in execution. An affidavit of illegality was filed.

Greene F. Johnson, for plaintiffs. TF. 8. Florence, for defendant.

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Bluebook (online)

57 S.E. 1079, 1 Ga. App. 656, 1907 Ga. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-brother-v-fish-gactapp-1907.

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