DUCKSTEIN v. STATE

41539.

112 Ga. App. 317 (1965)

145 S.E.2d 112

DUCKSTEIN v. THE STATE.

Court of Appeals of Georgia.

Decided September 21, 1965.


Attorney(s) appearing for the Case

C. Edwin Rozier, Barrie L. Jones, for plaintiff in error.

Dewey Hayes, Solicitor General, contra.


NICHOLS, Presiding Judge.

1. In order to constitute a levy, the seizure of the property, either actual or constructive, and not the intent to seize, is the final test of the completion of the levy. See Moore v. Brown &c. Furniture Co., 107 Ga. 139, 144 (32 SE 835), and citations.

At the time the purported levy was made in the case sub judice, the deputy sheriff did not enter the building but merely placed a "notice" of levy on one door of the building...

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