Legal Opinion

Crawford ex rel. Tarpley v. Meredith

Supreme Court of Georgia

Decided May 15, 1849No. 76PublishedCited by 3 opinions

Debt on bond, in Wilkinson Superior Court. Tried before Judge Merriwetiier, April Term, 1849. This was a suit on the official bond of William Cooper, former Sheriff of Wilkinson County.

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Debt on bond, in Wilkinson Superior Court. Tried before Judge Merriwetiier, April Term, 1849. This was a suit on the official bond of William Cooper, former Sheriff of Wilkinson County. When the bond was offered in evidence on the trial, it appeared to have been “ sealed and delivered in presence of Samuel Beall, J. I. C. William Eisher, J. I. C.” It was objected to by defendant’s counsel upon the ground, that if relied on as the official bond of William Cooper, it did not, upon the face of it, show that it had been taken by a majority of the Justices of the Inferior Court, as the law…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The only question made for the decision of the Court below, as appears from the record, was whether the Sheriffs bond offered in evidence, was a good and valid statutory bond. The Court ruled it was not a good and valid statutory bond, and, we think, properly so ruled, for the reason, it appears, on the face of the bond, to have been taken and approved by only two Justices of the Inferior Court, whereas, by the 46th section of the Judiciary Act of 1799, Sheriff’s bonds are required tobe approved by the Justices of the Inferior Court, or any…

2Cited by3 opinions

  1. Wright v. LeathTexas Supreme Court · 1859
  2. Ex parte MitchellSupreme Court of Alabama · 1864
  3. Holt County v. ScottNebraska Supreme Court · 1897

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