Higgs v. Huson
Supreme Court of Georgia
Application for certiorari. Before Judge Wright, at Chambers, 24th January, 1850. On the 4th June, 1844, a fi. fa. at the instance of Thomas IL Huson vs. Southern J. Higgs, was issued, returnable to the Inferior Court of Cass County. On 1st August, 1849, it was levied on a negro, as the property of defendant.
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Application for certiorari. Before Judge Wright, at Chambers, 24th January, 1850. On the 4th June, 1844, a fi. fa. at the instance of Thomas IL Huson vs. Southern J. Higgs, was issued, returnable to the Inferior Court of Cass County. On 1st August, 1849, it was levied on a negro, as the property of defendant. To this fi.fa. an affidavit of illegality was filed, on the ground, “ that on 3d December, 1841, the defendant was arrested on a ca. sa. issued from the judgment on which this fi. fa. is founded, and was duly confined i® the common jail, and thence discharged, by giving bond and security…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Exception was taken in this case to the pleadings. Upon a petition for a certiorari to the Inferior Court, Judge Wright refused the writ. Upon a bill of exceptions, taken to his judgment thereon, the Justices of the Inferior Court are made parties to the bill, the writ of error and the citation. The exception is, that the joinder of the Justices is fatal to the whole case. Not so, even before the Act of the last Legislature. The record explains the whole case. From that, it appears to us that they have no interest in the cause, being judicial…
2Cited by5 opinions
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