Lewis v. Beck & Gregg Hardware Co.

Supreme Court of Georgia

Lewis v. Beck & Gregg Hardware Co.

73 S.E. 739, 137 Ga. 515, 1912 Ga. LEXIS 69

CourtSupreme Court of Georgia

DecidedFebruary 13, 1912

StatusPublished

Cited by1 cases

This text of 73 S.E. 739 (Lewis v. Beck & Gregg Hardware Co.) 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

Lewis v. Beck & Gregg Hardware Co., 73 S.E. 739, 137 Ga. 515, 1912 Ga. LEXIS 69 (Ga. 1912).

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Opinion

Beck, J.

1. Where a creditor of the plaintiff in a mortgage fi. fa. became the holder of the fi. fa. as collateral security for a debt due from the plaintiff to the holder, and the fi. fa. was subsequently levied upon certain property described therein as the property of the defendant, and a claim to the property was filed by a third person, which claim was sustained upon the trial of the ease, the costs in the claim case could not be taxed against the party to whom the fi. fa. had been delivered as collateral security, the latter having never been made a party to the record, although the fi. fa. was proceeding for his benefit, and he would have been entitled to the proceeds in the event the trial of the claim case had resulted in a verdict subjecting the property levied on to the execution and he had employed counsel who conducted the case for the collection of the fi. fa.

2. An affidavit of illegality may be filed'by an attorney in fact, ana it is not necessary that any writing showing his authority so to do be exhibited or attached to the affidavit of illegality. Civil Code (1910), § 5310; Cook v. Buchanan, 86 Ga. 760 (13 S. E. 83).

Judgment affirmed.

All the Justices concur, except 'Hill, J., not presiding.

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Beck, J.

1. Where a creditor of the plaintiff in a mortgage fi. fa. became the holder of the fi. fa. as collateral security for a debt due from the plaintiff to the holder, and the fi. fa. was subsequently levied upon certain property described therein as the property of the defendant, and a claim to the property was filed by a third person, which claim was sustained upon the trial of the ease, the costs in the claim case could not be taxed against the party to whom the fi. fa. had been delivered as collateral security, the latter having never been made a party to the record, although the fi. fa. was proceeding for his benefit, and he would have been entitled to the proceeds in the event the trial of the claim case had resulted in a verdict subjecting the property levied on to the execution and he had employed counsel who conducted the case for the collection of the fi. fa.

2. An affidavit of illegality may be filed'by an attorney in fact, ana it is not necessary that any writing showing his authority so to do be exhibited or attached to the affidavit of illegality. Civil Code (1910), § 5310; Cook v. Buchanan, 86 Ga. 760 (13 S. E. 83).

Judgment affirmed.

All the Justices concur, except 'Hill, J., not presiding.

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Bluebook (online)

73 S.E. 739, 137 Ga. 515, 1912 Ga. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-beck-gregg-hardware-co-ga-1912.

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