124 Ga. 676 | Ga. | 1906
Sanders brought a rule against Carter as constable, for failure to make the money on a levy. The constable in his answer set up a general denial of the facts alleged in the petition. Upon the trial Sanders moved to dismiss the plea, "because it was not. an answer to the rule but simply a general denial of the plaintiff’s; petition.” The court overruled the objection, and the plaintiff excepted. The plaintiff traversed the answer, and the case proceeded! to trial. Upon the hearing the uncontradicted evidence showed1 that the constable, in company with the plaintiff and another, went to the house of the defendant in fi. fa. at night, for the purpose of levying upon a quantity of cotton. The defendant was not at home.. The plaintiff testified: "Mr. Carter levied on the cotton and told', some one of [the defendant in fi. fa.’s] family who was there that; he had levied on the cotton and for them to tell Arthur [defendant: in execution] when he came. The cotton was not locked up. After the levy Mr. Carter told me that the papers were not in proper-shape. He gave them back to me and I took them to Mr. Bond.
Judgment affirmed.