32 Ga. 362 | Ga. | 1861
By the Court.
delivering the opinion.
This was an application, by bill in equity, for the writ of injunction to enjoin the collection or prosecution of .an attachment issuing out of, and founded on, a rule .absolute in the Superior Court of Polk county, against Josiah York, as sheriff of that county, in favor of David Clopton and others, as plaintiffs, in certain executions against one Berrien Williams. The application was based on several grounds set out in the bill, all of which I will notice in their proper order hereafter, and the injunction refused on all the grounds. This refusal is the error complained of in this record, and forms the subject for present consideration. We agree with the Court below, that the complainant failed to make such a case as would entitle him to the relief prayed for, and that the injunction was properly refused. The first ground amounts substantially to this, that after the claim of the property levied on by the executors of Mrs. Williams, together with the executions, had been returned by him to the Superior Court of Paulding county, for trial, he did not ■ know that he was authorized to proceed with the advertisement and sale of the negroes, upon the return of the executions, the dismissal of she old levy for irregularity, the entry of a new levy on the/ same property, until he was advised that the first, or old cfaim, had been properly disposed of by the Court, and believing that he could not do so, in the absence of any notice or advice to the contrary, he held the executions for the purpose of returning the same to the next term of Paulding Superior Court for the trial of the claim,
Let the judgment be affirmed.