Supreme Court of Georgia, 1894

Formby v. Shackleford

Formby v. Shackleford
Supreme Court of Georgia · Decided August 6, 1894
94 Ga. 670; 21 S.E. 711; 1894 Ga. LEXIS 256

Formby v. Shackleford

Opinion of the Court

A justice court ft. fa. issued in Troup county, November 21, 1862, upon a judgment rendered November 15, 1862, in favor of W. T. Formby against G. W. Formby, was, on April 29, 1892, “ backed ” by a justice of the peace of Heard county, and levied on land in Heard *671county. A claim was interposed by Shackleford. He moved to dismiss the levy, on the ground that the fi. fa. was dormant because the entries of nulla bona were made by constables of Heard county, where defendant then resided, before the fi. fa. was “ backed ” by a justice of the peace of Heard county, and no entries were made by a constable of Troup county from which the fi. fa. issued. The court sustained the motion. The following entries appeared on the fi. fa., in addition to the “backing” and the levy: Cost paid by defendant, December 8, 1863. Nulla bona, December 17, 1868. Receipt for return of no property, January 5, ’69. Entries of nulla bona, November 8,1875, December 1,1880, and February 24, 1887. It was admitted that the constables who made the entries resided, at the time of making them, in Heard county, where defendant resided.

Frank S. Loftin, for plaintiff. W. H. Daniel, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.