Raiford v. Taylor
Raiford v. Taylor
Opinion of the Court
It is a positive provision of the law in relation to claims, (Code, 3676), that the claimant shall give bond to pay to the plaintiff all damages which the jury, on the trial, may assess, in case it should appear that the claim is interposed for delay only. This is not complied with by a forthcoming bond for the property levied on. That is optionary with the claimant. The sheriff, therefore, ought not to have secured this claim, and it was not error in the Judge to make the rule absolute for the value of the property levied on, and to direct the issue to find what that value was. Nor was there any such error as justifies interference by this Court in his
Reference
- Full Case Name
- A. B. Raiford, in error v. Seth K. Taylor, in error
- Status
- Published