Griffin v. Nix

1. A petition for a rule against the sheriff of a city court will not lie in the superior court, for failure to make proper returns of money received by him from the sale of property under an execution issued from and returnable to the city court, unless there is a prayer, supported by appropriate averments, for special equitable relief. Pyles v. Easterling, 30 Ga. App. 783 (119 S. E. 351); Pound v. Smith, 146 Ga. 431 (2) (91 S. E. 405).

2. Jurisdiction of the subject-matter is given only by law, and can not be conferred by consent or waiver.

{a) But where such a proceeding in the superior…