Formby v. Shackleford

Supreme Court of Georgia

Formby v. Shackleford

21 S.E. 711, 94 Ga. 670, 1894 Ga. LEXIS 256

CourtSupreme Court of Georgia

DecidedAugust 6, 1894

StatusPublished

Cited by1 cases

This text of 21 S.E. 711 (Formby v. Shackleford) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Formby v. Shackleford, 21 S.E. 711, 94 Ga. 670, 1894 Ga. LEXIS 256 (Ga. 1894).

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Opinion

A justice court ft. fa. issued in Troup county, November 21, 1862, upon a judgment rendered November 15, 1862, in favor of W. T. Formby against G. W. Formby, was, on April 29, 1892, “ backed ” by a justice of the peace of Heard county, and levied on land in Heard [671]*671county. A claim was interposed by Shackleford. He moved to dismiss the levy, on the ground that the fi. fa. was dormant because the entries of nulla bona were made by constables of Heard county, where defendant then resided, before the fi. fa. was “ backed ” by a justice of the peace of Heard county, and no entries were made by a constable of Troup county from which the fi. fa. issued. The court sustained the motion. The following entries appeared on the fi. fa., in addition to the “backing” and the levy: Cost paid by defendant, December 8, 1863. Nulla bona, December 17, 1868. Receipt for return of no property, January 5, ’69. Entries of nulla bona, November 8,1875, December 1,1880, and February 24, 1887. It was admitted that the constables who made the entries resided, at the time of making them, in Heard county, where defendant resided.

Frank S. Loftin, for plaintiff. W. H. Daniel, contra.

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A justice court ft. fa. issued in Troup county, November 21, 1862, upon a judgment rendered November 15, 1862, in favor of W. T. Formby against G. W. Formby, was, on April 29, 1892, “ backed ” by a justice of the peace of Heard county, and levied on land in Heard [671]*671county. A claim was interposed by Shackleford. He moved to dismiss the levy, on the ground that the fi. fa. was dormant because the entries of nulla bona were made by constables of Heard county, where defendant then resided, before the fi. fa. was “ backed ” by a justice of the peace of Heard county, and no entries were made by a constable of Troup county from which the fi. fa. issued. The court sustained the motion. The following entries appeared on the fi. fa., in addition to the “backing” and the levy: Cost paid by defendant, December 8, 1863. Nulla bona, December 17, 1868. Receipt for return of no property, January 5, ’69. Entries of nulla bona, November 8,1875, December 1,1880, and February 24, 1887. It was admitted that the constables who made the entries resided, at the time of making them, in Heard county, where defendant resided.

Frank S. Loftin, for plaintiff. W. H. Daniel, contra.

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Bluebook (online)

21 S.E. 711, 94 Ga. 670, 1894 Ga. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/formby-v-shackleford-ga-1894.

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