76 Ga. 293 | Ga. | 1886
This is an action brought against the sheriff for’damages in levying a dormant judgment and declining to receive an affidavit of illegality, thereby forcing the plaintiff in the present suit to purchase the land and damaging him thereby. The jury found for the plaintiff, and the case comes before us for review. •
We think this case falls within the last italicized ground in the statute above cited. He should have received the affidavit and had the Question of the dormancy of the judgment and illegality of the process tried by the court. He could not have been made liable by the other side for doing so in this case. Taking the charge, as given in the three extracts from it excepted to, we see no error in it, all construed together, and none in overruling the motion for a new trial.
Judgment affirmed