Johnson v. Goddard
Supreme Court of Georgia
Scire facias, in Carroll Superior Court. Decision by Judge Bull, December Term, 1855. This was a scire facias issued on a penal bond, for the appearance of a party charged with crime. The scire facias was objected to, because it was directed To the Sheriff of said State, Greeting.” The Solicitor General moved to amend, which the Court refused, and dismissed the seire facias. To both decisions the Solicitor General excepts.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The Act of 1852 (Pamphlet Latos, 284) requires, that all writs of scire facias shall be directed “ to all and singular •••the Sheriffs of the State of Georgia.” Is a direction “to the *598Sheriffs of said State” sufficient? And if not, is it amendable?
Eor myself, I should read the direction in the plural: “ to the Sheriffs of said State;” and then it would undoubtedly be good. Rut suppose it be in the singular, “ Sheriffis it amendable?
Mr. Tidd, in his work on Practice, remarks, that it had been said that a scire facias was not amendable. But he…
2Cited by3 opinions
- Mitchell v. LongSupreme Court of Georgia · 1885
- Fielding v. M. Rich & Bros.Court of Appeals of Georgia · 1933
- Brooks v. HardwickCourt of Appeals of Georgia · 1921