151 Ga. 140 | Ga. | 1921
A statutory claim was interposed to a levy made on personalty under a fi. fa. issued from the city court of Sylvester. The claimant executed a forthcoming bond, and obtained possession of the property. On the trial of the claim case, on call of the docket at a regular term of the city court, during the absence of claimant and his attorney, a verdict was returned finding the property subject, and judgment was duly entered. The property was readvertised; and the claimant having failed to produce it as provided in the bond, the sheriff instituted suit in the city court, for the use of the plaintiff in fi. fa., against the claimant and 'the surety on the forthcoming bond. Thereafter the claimant brought an equitable suit in the superior court against the sheriff, to enjoin prosecution of the latter suit, and for other relief. The exception is to the refusal of an interlocutory injunction.
Judgment affirmed.