Hackett v. Green
Supreme Court of Georgia
Rule against the sheriff, in Fulton Superior Court. Decided .by Judge Bull, at the October Term, 1860. Upon the motion of Albert T. Hackett, a rule nisi was served upon Clement C. Green, sheriff of Fulton county, requiring him to produce in Court seven fi.fas. from a Justices Court of Catoosa county, in favor of said Hackett against Justin C. Wells, amounting in the aggregate to the sum of $339 40, principal, besides interest and cost, and also to make return of his actings…
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Rule against the sheriff, in Fulton Superior Court. Decided .by Judge Bull, at the October Term, 1860. Upon the motion of Albert T. Hackett, a rule nisi was served upon Clement C. Green, sheriff of Fulton county, requiring him to produce in Court seven fi.fas. from a Justices Court of Catoosa county, in favor of said Hackett against Justin C. Wells, amounting in the aggregate to the sum of $339 40, principal, besides interest and cost, and also to make return of his actings and doings on the jí. fas., and to show cause why he should not pay the amount due on the fi.fas. to the plaintiff’s…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
"Was the sheriff liable to attachment for a contempt of Court upon the case as made by the rule nisi and the answer of his deputy, Love, at the time the rule was moved against him ? We think that he was not. By section 52 of the Judiciary Act of 1779, Cobb 577, it is enacted that: “Whenever the sheriff of any county within this State shall fail to make proper return of all writs, executions, and other processes put into his hands, or shall fail or neglect to pay up all moneys received on such executions, on his being required by the Court so to do,…
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