110 Ga. 352 | Ga. | 1900
The sheriff of Glynn county levied certain executions, in favor of the Bay Iron Works and W. W. Ward against the Macon Navigation Company, upon a steamboat which was the property of the corporation last named. These executions were issued upon affidavits made by the respective plaintiffs therein for the purpose of foreclosing liens which they claimed to have upon the property of the defendant. Both plaintiffs resided in Glynn county, and the levy was made in the city of Brunswick. The principal office of the Navigation Company was in the city of Macon, Bibb county. The sheriff advertised the steamboat for sale, and the defendant company, through its attorney, prepared counter-affidavits, and also executed replevy bonds with the Union Savings Bank and Trust Company of Macon as surety thereon. Armed with these papers, the defendant’s counsel left the city of Macon‘for the purpose of going to Brunswick and placing the same in the hands of the sheriff with a view to arresting the further progress of the executions. Counsel would have reached Brunswick early in the morning of the day upon which the sale was to take
In our opinion, the judgment complained of was clearly right. Not one of the parties against whom relief was prayed resided in the county of Bibb. If, therefore, the case had any standing in Bibb superior court, it must have been upon the idea that the petition sought to enjoin a proceeding pending in that court. Civil Code, §4950. The position of counsel for
Judgment affirmed.