Jones v. Coney, Lovejoy & Co.
111 Ga. 843 | Ga. | 1900
1. That a levying officer against whom a rule was sued out by a plaintiff in’fi. fa. answered that the fund in his hands was claimed by another execution creditor did'not, of itself and without more, make that creditor a party to the proceeding.
2. When, therefore, the movant of such a rule appealed from a judgment rendered thereon in a county court, and in the superior court obtained'a judgment with which he was satisfied, a motion for a new trial filed by the other claimant of .the fund, he never having been made a party to .the case, wat properly dismissed, for the obvious reason that it was filed by one who had no right to do so.
Judgment affirmed.
