Smith v. Sweat
This text of 60 Ga. 539 (Smith v. Sweat) 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.
Opinion
That part of the fi. fa. which conferred on the sheriff authority to seize and sell was perfect. The slight error in the subsequent direction in respect to disposing of the proceeds of sale was of no consequence. It was plainly a clerical omission, and whether supplied or not by -amendment, would make little or no difference. Certainly it did not affect the sheriff’s authority to seize and sell the defendant’s property; and that was the only material matter in passing upon the validity of a sale made under the fi. fa.
Cited for plaintiff in error: Code, §§2628, 3496, 3507; 11 Ga., 294; 37 Ib., 251; 56 Ib., 543.
Judgment reversed.
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60 Ga. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-sweat-ga-1878.