Supreme Court of Georgia, 1903

Ray v. Byrd

Ray v. Byrd
Supreme Court of Georgia · Decided May 30, 1903 · Lamar
118 Ga. 86; 44 S.E. 818; 1903 Ga. LEXIS 458

Ray v. Byrd

Opinion of the Court

Lamar, J.

Property having been levied on, the defendant in fi. fa. brought ■ bail-trover against the officer, giving bond, under the Civil Code, § 4606, for, ' the forthcoming of the property to answer the judgment in the case. The • officer prevailed in the suit, and elected to take a money verdict. Held, that he had only a qualified interest in the property; and where it was worth more than the amount of the fi. fa., he was only entitled to recover a verdict for an amount sufficient to satisfy and discharge the execution under which the levy had been made, Holmes v. Langston, 110 Ga. 864 (2).

Judgment reversed.

By five Justices.

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