Ellis v. Francis
Supreme Court of Georgia
Claim, in Sumter Superior Court. Tried before Judge Warren, November Term, 1850. This was an issue upon a claim to a tract of land levied on by-two Justices’ Court fi. fas. in favor of Cordal Francis vs. Major Ellis and another, issued in August, 1841, with an entry of “no» property,” by Joseph Tarbutton, L. C. dated in April, 1847. On the trial the claimant proved by Joseph Tarbutton, that the en~ try was not in his handwriting, but was made by one of the Justices of the…
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Claim, in Sumter Superior Court. Tried before Judge Warren, November Term, 1850. This was an issue upon a claim to a tract of land levied on by-two Justices’ Court fi. fas. in favor of Cordal Francis vs. Major Ellis and another, issued in August, 1841, with an entry of “no» property,” by Joseph Tarbutton, L. C. dated in April, 1847. On the trial the claimant proved by Joseph Tarbutton, that the en~ try was not in his handwriting, but was made by one of the Justices of the Peace, in the presence of and at the request of witness, he knowing the fact to be true, and not writing a good hand…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The first question made by the record in this case is, -¡whether the return of nulla bona upon the two Justices’ Court fi. Jus. made by Joseph Tarbutton, lawful Constable, is a valid return. It is insisted by the plaintiff in error the return ps not valid, because made by another person for the Constable; that the Constable could not delegate his authority to another to act for *327him in regard to his official business. The Constable, who was examined as a witness, stated that the entry on the j£. fas. was not in his handwriting, but was made by…
2Cited by9 opinions
- Hansen v. OwensSupreme Court of Georgia · 1909
- Biggers v. WinklesSupreme Court of Georgia · 1906
- Vickers v. HawkinsSupreme Court of Georgia · 1907
- Horton v. StateSupreme Court of Georgia · 1900
- Guthrie v. GaskinsSupreme Court of Georgia · 1930
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