Bowman v. Kidd

Court of Appeals of Georgia

Bowman v. Kidd

79 S.E. 167, 13 Ga. App. 351, 1913 Ga. App. LEXIS 150

CourtCourt of Appeals of Georgia

DecidedAugust 30, 1913

Docket4516

StatusPublished

Cited by3 cases

This text of 79 S.E. 167 (Bowman v. Kidd) 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.

Bluebook

Bowman v. Kidd, 79 S.E. 167, 13 Ga. App. 351, 1913 Ga. App. LEXIS 150 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J,'

The trial judge did not err in overruling the certiorari.

(а) Where the value of the property levied on under his fi. fa. does not exceed the amount of the judgment, the plaintiff in execution has such an interest in a forthcoming bond as authorizes the suit upon the bond to be brought in his name. Civil Code, § 5161; Hart v. Thomas, 75 Ga. 529; 17 Cyc. 1226-9.

(б) A constable can testify to the fact that he posted the advertisement (Civil Code, § 4765) of a sale under a justice’s court fi. fa., and, on proof of the loss or destruction of the advertisement, may testify as to its contents. Judgment affirmed.

Certiorari; from Hart superior court — Judge Meadow. October 3, 1912.

Shelton & Shelton, for plaintiffs in error. A. G. & Julian McGurry, A. S. Richardson, contra.

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