50 Ga. 88 | Ga. | 1873
As we understand the record in this case, the complainant was entitled to have the defendant enjoined from proceeding to sell under the levy made in December, 1868. That levy was dismissed by the judgment of the Court at August term, 1872, as appears by the minutes of the Court, for want of prosecution of the proceedings then in Court. The plaintiff in ft. fa. was in laches. The effect, and the only effect of the order was to dismiss the levy; with that fell, as a matter of course, the defendant’s affidavit. The plaintiff now proposes to go on with his levy and sell the property levied on. This is in defiance of the judgment. Why make another affidavit of illegality ? If the plaintiff refuses to obey one judgment, may he not another? Has not the defendant exhausted the law?
We do not, at present, see that any great harm can come from proceeding under the old levy. It may, however, make a difference, for reasons which the record does not show. It is enough that it is illegal.
Judgment reversed.