Humphreys v. Avery & Co.

Court of Appeals of Georgia

Humphreys v. Avery & Co.

113 S.E. 49, 28 Ga. App. 787, 1922 Ga. App. LEXIS 862

CourtCourt of Appeals of Georgia

DecidedJuly 24, 1922

Docket12656

StatusPublished

This text of 113 S.E. 49 (Humphreys v. Avery & Co.) 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

Humphreys v. Avery & Co., 113 S.E. 49, 28 Ga. App. 787, 1922 Ga. App. LEXIS 862 (Ga. Ct. App. 1922).

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Opinion

Stephens, J.

The giving of a forthcoming bond not being essential to the validity of an affidavit of illegality filed to a common-law execution, an affidavit of illegality to what appears to be such an execution, which sets up a legal defense against the proceeding of the levy, was improperly dismissed upon the ground that the forthcoming bond ■which was actually given to the sheriff, accompanying the affidavit ot illegality, did not contain a proper surety. See, in this connection, Civil Code (1910), §§ 5305, 6040; Crayton v. Fox, 100 Ga. 781 (28 S. E. 510). Judgment reversed.

Jenkins, P. J., concurs.

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Stephens, J.

The giving of a forthcoming bond not being essential to the validity of an affidavit of illegality filed to a common-law execution, an affidavit of illegality to what appears to be such an execution, which sets up a legal defense against the proceeding of the levy, was improperly dismissed upon the ground that the forthcoming bond ■which was actually given to the sheriff, accompanying the affidavit ot illegality, did not contain a proper surety. See, in this connection, Civil Code (1910), §§ 5305, 6040; Crayton v. Fox, 100 Ga. 781 (28 S. E. 510). Judgment reversed.

Jenkins, P. J., concurs.

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Bluebook (online)

113 S.E. 49, 28 Ga. App. 787, 1922 Ga. App. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphreys-v-avery-co-gactapp-1922.

Opinion

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