Public-domain · open source
OpenJurist

27 Ga. App. 357

State v. Paschal

Court of Appeals of Georgia

Decided August 23, 1921

Court of Appeals of Georgia · decided 1921-08-23

<p>Claim; from Camden superior court — Judge Highsmith. December 14, 1920.</p> <p>Application for certiorari was denied by the Supreme Court.</p>

Relies on Winn v. Butts · Butler v. Davis · Watson v. Swann

Good law ✅— No negative treatment on recordhow we know

Decided 1921-08-23

How this case has been cited

Cited by 4 later decisions — most recently June 1983

4 state decisions

201921193019401950196019701980decided

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.

View the full empirical analysis of this case →

Jenkins, P. J.

¶1While, under section 1151 of the Political Code (1910), executions for non-payment of taxes are directed “ to all and singular the sheriffs and constables of this State,” and under section 1166 “the tax-collector may place his fi. fas. in the hands of any one constable of the county, who shall be authorized to collect or levy the same in any part of the county,” the authority of a constable under these sections must be construed with the limitations imposed by section 1165, which expressly prohibits such officer from levying “ a tax fi. fa. when the principal amount exceeds one hundred dollars.” Winn v. Butts, 127 Ga. 385, 387 (56 S. E. 406); Butler v. Davis, 68 Ga. 173; Watson v. Swann, 83 Ga. 198, 203 (9 S. E. 612). The fi. fa. in the present case exceeding the maximum statutory amount, the levy was properly dismissed on motion.

¶2Judgment affirmed.

Stephens and Bill, JJ., concur.
/27/gaapp/357 · .json · Public domain