117 Ga. 545 | Ga. | 1903
A levying officer is not bound to inquire into the validity of the proceedings on which the execution is based. If the process is from a court of competent jurisdiction, issued by the proper officer, regular on its face, and the constable has no notice, from the writ or papers attached thereto, of defects in the proceedings, or that the execution has been superseded, he is not liable for damages in levying the same, even though the judgment on which it issued is void. Johnson v. Fox, 51 Ga. 270; Singer Co. v. Barnett, 76 Ga. 377; Jordan v. Porterfield, 19 Ga. 139. In Gunn v. Pattishal, 48 Ga. 405, the fi. fa. recited the substance of the defective affidavit of foreclosure, and its invalidity was apparent on the face of the execution.
Judgment affirmed.