Ward v. McLamb

Supreme Court of Georgia

Ward v. McLamb

45 S.E. 688, 118 Ga. 811, 1903 Ga. LEXIS 720

CourtSupreme Court of Georgia

DecidedOctober 30, 1903

StatusPublished

Cited by5 cases

This text of 45 S.E. 688 (Ward v. McLamb) 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

Ward v. McLamb, 45 S.E. 688, 118 Ga. 811, 1903 Ga. LEXIS 720 (Ga. 1903).

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Opinion

Turner, J.

1. Where an execution against a principal and sureties is levied on property of the principal which, on being claimed, is found subject, if the plaintiff receives therefor, irregularly and without a judicial sale, a sum less than its value, the sureties will be entitled to be discharged from said fi. fa. to the extent of the actual value of the property. Atlanta National Bank v. Douglass, 51 Ga. 205, 209; Lewis v. Armstrong, 80 Ga. 402, 407; Small v Hicks, 81 Ga. 691; Marshall v. Dixon, 82 Ga. 437; Griffeth v. Moss & Co., 94 Ga. 199; Montgomery & Co. v. Martin, Id. 219.

2. On the trial of an illegality, filed by one of the sureties on whose property the fi. fa. was levied, reciting, in effect, that the plaintiff in fi. fa. had released property of the principal defendant for the sum of ninety dollars, which was credited on the fi. fa., but which property was averred to be worth two. hundred dollars, it was error for the judge to direct a verdict which, in effect, discharged the surety altogether.

Judgment reversed.

All the Justices concur.

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Turner, J.

1. Where an execution against a principal and sureties is levied on property of the principal which, on being claimed, is found subject, if the plaintiff receives therefor, irregularly and without a judicial sale, a sum less than its value, the sureties will be entitled to be discharged from said fi. fa. to the extent of the actual value of the property. Atlanta National Bank v. Douglass, 51 Ga. 205, 209; Lewis v. Armstrong, 80 Ga. 402, 407; Small v Hicks, 81 Ga. 691; Marshall v. Dixon, 82 Ga. 437; Griffeth v. Moss & Co., 94 Ga. 199; Montgomery & Co. v. Martin, Id. 219.

2. On the trial of an illegality, filed by one of the sureties on whose property the fi. fa. was levied, reciting, in effect, that the plaintiff in fi. fa. had released property of the principal defendant for the sum of ninety dollars, which was credited on the fi. fa., but which property was averred to be worth two. hundred dollars, it was error for the judge to direct a verdict which, in effect, discharged the surety altogether.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

45 S.E. 688, 118 Ga. 811, 1903 Ga. LEXIS 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-mclamb-ga-1903.

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