Saunders v. Citizens First National Bank

Court of Appeals of Georgia

Saunders v. Citizens First National Bank

142 S.E. 744, 38 Ga. App. 141, 1928 Ga. App. LEXIS 94

CourtCourt of Appeals of Georgia

DecidedApril 10, 1928

Docket17845

StatusPublished

Cited by1 cases

This text of 142 S.E. 744 (Saunders v. Citizens First National Bank) 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

Saunders v. Citizens First National Bank, 142 S.E. 744, 38 Ga. App. 141, 1928 Ga. App. LEXIS 94 (Ga. Ct. App. 1928).

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Opinion

Bloodworth, J.

This court certified to the Supreme Court certain questions which it deemed necessary for a proper decision of [144]*144this case. The Supreme Court answered in a comprehensive and illuminating decision which will be found in 165 Ga. 558 (142 S. E. 127), the headnotes of which are made the headnotes of this decision. Under the rulings of the Supreme Court as shown by the full opinion of that court and the headnotes thereto, which are adopted by this court, the trial court erred in directing the sheriff to pay to the Citizens First National Bank of Albany (after deducting costs) the entire fund in his hands derived from the sale of the property of P. W. Jones under the execution against him issued from the superior court of Dougherty county, and also erred in failing to direct that the execution of R. B. Saunders be credited with the net proceeds of the $215.55 derived from the sale of certain property under an execution issued from the city court of Albany in favor of the Bank of Leary against P. W. Jones and Edward Stearn. This court therefore directs that the execution of R. B. Saunders be credited with the net amount of $215.55, and that the remainder of the funds in the hands of the sheriff, after all costs are paid, be delivered to R. B. Saunders or his attorneys of record.

Judgment reversed with direction.

Broyles, G. J., and Luke, J., concur.

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Bloodworth, J.

This court certified to the Supreme Court certain questions which it deemed necessary for a proper decision of [144]*144this case. The Supreme Court answered in a comprehensive and illuminating decision which will be found in 165 Ga. 558 (142 S. E. 127), the headnotes of which are made the headnotes of this decision. Under the rulings of the Supreme Court as shown by the full opinion of that court and the headnotes thereto, which are adopted by this court, the trial court erred in directing the sheriff to pay to the Citizens First National Bank of Albany (after deducting costs) the entire fund in his hands derived from the sale of the property of P. W. Jones under the execution against him issued from the superior court of Dougherty county, and also erred in failing to direct that the execution of R. B. Saunders be credited with the net proceeds of the $215.55 derived from the sale of certain property under an execution issued from the city court of Albany in favor of the Bank of Leary against P. W. Jones and Edward Stearn. This court therefore directs that the execution of R. B. Saunders be credited with the net amount of $215.55, and that the remainder of the funds in the hands of the sheriff, after all costs are paid, be delivered to R. B. Saunders or his attorneys of record.

Judgment reversed with direction.

Broyles, G. J., and Luke, J., concur.

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Bluebook (online)

142 S.E. 744, 38 Ga. App. 141, 1928 Ga. App. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-citizens-first-national-bank-gactapp-1928.

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