111 Ga. 700 | Ga. | 1900
The tax-collector of McIntosh county issued an execution against “F. T. Sallade, agent for the L. B. Price Company,” for the sum,of $100, alleged in the execution to be “due for special State tax for peddling clocks in” that county “for the year 1899.” The sheriff of the county levied this execution upon certain personal property “ asthe property of F. T. Sallade, agent of L. B. Price Co.” Whereupon “ F- T. Sallade, agent for the L. B. Price Mercantile Company of Kansas City, Missouri,” filed an affidavit of illegality, in which he alleged that the execution was “proceeding illegally upon the goods” of the Price Company. The Price Company gave a forthcoming bond, and, in due course, the case thus made came on for trial, in the superior court of McIntosh county. The case went to trial, upon an admitted state of facts, and, “upon oral motion of counsel for defendant in fi. fa., the court directed the . . jury to return a verdict for the defendant in fi. fa., sustaining the illegality and dismissing the levy made under said execution,” and the jury returned a verdict accordingly. The State excepted, pendente lite, to the direction of the verdict, and subsequently made a motion for a new trial, which was overruled ; whereupon it brought the case to this court for review.
Judgment reversed.