68 Ga. 158 | Ga. | 1881
The only return which is necessary to be made of an execution to claim money in the hands of the sheriff, is to deposit with him the fi. fa. It is insisted, however, that the same rule which governs claim cases is applicable to this, and that to make another levy an order of the court, withdrawing the execution, is necessary. We cannot so hold. Where a claim to the property levied is interposed, the law makes it the duty of the sheriff to return the execution, with the claim papers, to the proper court, that the right of property may be decided. But no such return is required where the sheriff holds several fi.fas., contesting with each other for the money in his hands; so that simply being in his hands with others to claim money, is no legal reason why an order of the court is necessary to proceed with it, if there be nothing else in the way.
Judgment affirmed, with ten per cent, damages.