5 Ga. App. 408 | Ga. Ct. App. | 1909
(After stating the foregoing facts.)
Generally, in rules against the sheriff or in suits on his official bond for his failure to sell property levied upon, he can show that the property was not subject to the execution. Wilkin v. American Freehold Co., 106 Ga. 183 (32 S. E. 135), and cit. But this rule does not apply when the property levied upon has been found subject to the execution, and the damage to tire plaintiff is caused by the failure of the sheriff to take a forthcoming bond. In such case the sheriff will not be permitted to retry the issue already determined in the claim case; neither will the sheriff’s surety be heard to attack the verdict and judgment rendered in the claim case.