Manry v. Shepperd

Supreme Court of Georgia

Manry v. Shepperd

57 Ga. 68

CourtSupreme Court of Georgia

DecidedJuly 15, 1876

StatusPublished

Cited by11 cases

This text of 57 Ga. 68 (Manry v. Shepperd) 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

Manry v. Shepperd, 57 Ga. 68 (Ga. 1876).

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Opinion

Bleckley, Judge.

We think there was no error in overruling the affidavit of illegality on any of the grounds except the third, which is disposed of in the eighth head-note. That ground was good, in substance; and the plaintiff virtually yielded the question by amending the fi. fa. The Code is express, that a levy pending when such an amendment is made, falls. Why does it fall ? Not because it becomes illegal by the amendment, but because it was illegal before, and remains so : Code, section 3495.

Judgment reversed.

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Bleckley, Judge.

We think there was no error in overruling the affidavit of illegality on any of the grounds except the third, which is disposed of in the eighth head-note. That ground was good, in substance; and the plaintiff virtually yielded the question by amending the fi. fa. The Code is express, that a levy pending when such an amendment is made, falls. Why does it fall ? Not because it becomes illegal by the amendment, but because it was illegal before, and remains so : Code, section 3495.

Judgment reversed.

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Bluebook (online)

57 Ga. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manry-v-shepperd-ga-1876.

Opinion

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