78 Ga. 235 | Ga. | 1887
B. O. Keaton brought his action in Dougherty superior court against George O. Robinson, as principal, and W. J. Yason, as security, upon a promissory note. At the June term, 1869, the judge of the superior court granted this order or judgment: “ There being no issuable defence filed, ordered that the plaintiffs have leave to enter up judgment against the defendants, ” signed by J. M. Clark, J. S. C. S. W. C. The plaintiff’s counsel thereupon entered up and signed a formal judgment in favor of the plaintiff against William J. Yason, security, for the amount mentioned in said note, with interest and costs. An execution issued upon this judgment against William J. Yason, as security for G. C. Robinson, for the amount of said note; the sheriff having returned “ not to be found,” as to Robinson. This execution was levied upon six bales of cotton as the property of Yason. The Tifts interposed a claim for the same, and at the term of the court at which the claim case was to be tried, the Tifts withdrew their claim to this cotton; and thereupon they filed their bill, in which they alleged that as commission merchants they had advanced to Yason a large sum of money to make his crop for the year in which the cotton was made, and that they
This case came on for a hearing, and the complainants moved to be allowed to dismiss their bill, which the court disallowed, and allowed the defendant to go on to trial on his answer, and retained the bill for all purposes necessary for the assertion of the legal rights of the defendant, the defendant by his answer having prayed a decree against the Tifts for the amount of the execution and judgment, it being alleged that the cotton which had been claimed by the Tifts had been sold by them, and the amount appropriated by them to their own use, and was more than sufficient to pay the judgment of Keaton; and this refusal to allow the complainants to dismiss said bill is the first error assigned. The Tifts then moved to dismiss the levy upon the grounds (1) that there was no sufficient judgment; (2) because the execution issued in the case was against Yason, as security for Gf. 0. Robinson, whereas the judgment was against Yason as security. The court overruled this motion, and this is the next error assigned. And thereupon, the case being submitted to the court without the intervention of a jury, a judgment was rendered in favor of the defendant, Keaton.
So we affirm the judgment of the court below in this case.