Stanley v. Suggs

Decided June 15, 1857

Supreme Court of Georgia · decided 1857-06-15

Rule to distribute money, in Randolph. Tried before Judge Kiddoo, May, 1857. A rule was taken against the former Sheriff to pay out the money in his hands, arising from the sale of Lemmon Dunn’s property, to the executions existing against him, according to their priority. Charles Stanley, the owner of a mortgage fi. fa.} claimed that his execution should be first paid.

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Decided 1857-06-15

How this case has been cited

Cited by 4 later decisions — most recently February 1925

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court —

Lumpkin, J.

¶2delivering the opinion.

¶3Believing that this case comes fully within the rule laid down by this Court, in Rushin vs. Shields, et al. (11 Ga. Rep. 636) we affirm the judgment of the Court below.

¶4The subsequent case of Dinkins and Moore, (17 Ga. Rep. 62) stands upon a different principle. The doctrine intended to be maintained there, was, that even in the absence of any attestation clause, the official signature of the magistrate stood in lieu of the proof of execution; he being an officer chosen and selected by the law for this purpose.

¶5Judgment affirmed.