152 Ga. 278 | Ga. | 1921
Harper Daniel filed an equitable petition, returnable to the December term, 1919, of the superior court, which alleged in substance as follows: In an action brought by Joseph Rosenheim Shoe Company against Harper Daniel the jury returned a verdict as follows: “ We, the jury, find for the plaintiff, $839.00, June 9th, 1915, B. D. Jones, Foreman,” upon which the following judgment was rendered: “Wherefore it is considered, ordered, and adjudged by the court that the plaintiff, Joseph Rosenheim Shoe Companjr, do have and recover of said defendant, Harper Daniel, the principal sum of $839.00, together with interest on the same from October 1, 1909, at 7% per annum, and the further sum of $-costs. E. E. Cox, J. S. C. S. C.” Execution was duty issued by the clerk of the superior court, “which called for the payment of $839.00,” which amount the defendant immediately paid to the sheriff of said county, the officer having charge of the fi. fa. for collection, and said officer marked across the face of the fi. fa. the word “ satisfied ” and delivered the same to the defendant in fi. fa. The defendant in fi. fa. requested the sheriff to deliver the same to the clerk of the superior court with the request that the clerk mark the same satisfied and canceled on the general execution docket. The fi. fa. was “ marked satisfied, but the clerk failed to have the same cancelled.” Subsequently, in April, 1917, the sheriff levied the same fi. fa. for an additional sum which purported to be interest as stated on the face of the fi. fa., and threatened to advertise and sell the property levied upon, to the damage and injury of the petitioner. At the time petitioner paid the amount of principal due on the judgment the words, “with interest on same from October 1, 1909, at 7% per annum,”
Judgment affirmed.