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

Court of Appeals of Georgia·Decided July 24, 1922·No. 12656·Published

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.

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

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