84 Ga. 291 | Ga. | 1890
Upon an execution from the superior court in favor of Knox, administrator, against C. R. McCalla, as principal, and J. R. McCalla, as security, money enough to pay it off was raised by the sale of the principal’s property. A rule was brought by Knox against the sheriff, founded on that execution, for the money. At the hearing of the rule Knox, represented by Gleaton, claimed a portion of the fund on another execution which was void because the justice’s court had no jurisdiction to render the judgment on which it was founded. Two other executions, void for a like reason, one in favor of Stewart & McCalla, the other in favor of McCalla Bros., were also put in to claim the money. Gleaton was attorney for Stewart & McCalla as well as for Knox, and he represented Knox not only as to the void fi.fa., but as to the valid one which brought the
The court committed no error in dismissing the affidavit of illegality. Judgment affirmed.