Heard v. Heard
Supreme Court of Georgia
Certiorari, in Heard Superior Court. Heard and decided by Judge Bull, June Term, 1855. Allen B. Heard sued out before Wm. T. Davis and John J. Hendricks, Justices of the Peace, a possessory warrant •against Wm. S. Heard, for the recovery of the possession of a negro woman slave, Esther, alleging in his affidavit,'.“ that on or about the 1st of July, 1853, Wm.
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Certiorari, in Heard Superior Court. Heard and decided by Judge Bull, June Term, 1855. Allen B. Heard sued out before Wm. T. Davis and John J. Hendricks, Justices of the Peace, a possessory warrant •against Wm. S. Heard, for the recovery of the possession of a negro woman slave, Esther, alleging in his affidavit,'.“ that on or about the 1st of July, 1853, Wm. S. Heard, by fraud, seduction, or other undue or unlawful means, took and carried .away the said slave from the-possession of defendant,” &c. The officer arrested the defendant and brought him before the Justices, on the 20th of…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
In the case of Marchman vs. Todd, (15 Geo. 37,) this Court suggested that it was questionable whether or not the Legislature had made suitable provision for carrying into effect the grant of power by the Constitution to the Superior Courts for the purpose of correcting errors by certiorari, in some cases where the proceeding by an Inferior Judicatory is of a summary nature — and especially in cases arising under the Act of 1821, for quieting the possession of personal property. Further consideration has satisfied our minds that our legislation on…
2Cited by1 opinion
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