135 Ga. 152 | Ga. | 1910
1. There was no error in overruling the demurrers to the sheriff’s -answer to the rule.
2. Tf personal' property was levied on under-an execution, and' a -claim thereto duly interposed and a forthcoming- bond given, with proper security, it was the duty of the sheriff to leave the property in the possession of the claimant. Tf found subject, and not forthcoming on the day of sale, there was a remedy on the bond. The sheriff was not for that- reason liable to rule for not having made the money. Civil Code, § 4616.
3. Without special authority, attorneys can not receive anything in dis
4. No formal traverse' appears to have been made to the sheriff’s answer. The pleadings and evidence were somewhat confused. The charges may not have been altogether free from inaccuracy. But, upon a review of the whole case, there was no erroi in overruling the motion for a new trial.
Judgment affirmed.