Morrison & McRae v. Anderson

Supreme Court of Georgia

Morrison & McRae v. Anderson

36 S.E. 462, 111 Ga. 847, 1900 Ga. LEXIS 814

Supreme Court of Georgia·Decided June 7, 1900·Published·Cited by 6 cases

Opinion

Lumpkin, P. J.

A claimant of property levied upon has no right to make a motion to quash the attachment or judgment upon which the execution is based, or the execution itself. His only concern being that the process shall not be enforced by a seizure and sale of his property, his remedy, in a case where such a motion would be good if presented by the proper party, is to move to dismiss the levy. Bosworth v. Clark, 62 Ga. 286; Morton v. Gahona, 70 Ga. 569 ; Krutina v. Culpepper, 75 Ga. 602 ; Gazan v. Royce, 78 Ga. 512; Davidson v. Rogers, 80 Ga. 287.

Judgment reversed,.

All the Justices concurring, except Fish , J, absent.

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Lumpkin, P. J.

A claimant of property levied upon has no right to make a motion to quash the attachment or judgment upon which the execution is based, or the execution itself. His only concern being that the process shall not be enforced by a seizure and sale of his property, his remedy, in a case where such a motion would be good if presented by the proper party, is to move to dismiss the levy. Bosworth v. Clark, 62 Ga. 286; Morton v. Gahona, 70 Ga. 569 ; Krutina v. Culpepper, 75 Ga. 602 ; Gazan v. Royce, 78 Ga. 512; Davidson v. Rogers, 80 Ga. 287.

Judgment reversed,.

All the Justices concurring, except Fish , J, absent.

Morrison & McRae v. Anderson, 36 S.E. 462, 111 Ga. 847, 1900 Ga. LEXIS 814 (Ga. 1900).

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Opinion

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