Armstrong v. Jones
Supreme Court of Georgia
Rule against the Sheriff. Macon Superior Court. March Term, 1866. Decided by Judge Cole. The following facts were agreed upon by the parties: That sundry fi. fas. in favor of James W. Armstrong against George "W. Eish, Daniel Kleckley, and others, issuing from Macon Superior Court in 1862 and 1863, were placed in the hands of ¥m.
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Rule against the Sheriff. Macon Superior Court. March Term, 1866. Decided by Judge Cole. The following facts were agreed upon by the parties: That sundry fi. fas. in favor of James W. Armstrong against George "W. Eish, Daniel Kleckley, and others, issuing from Macon Superior Court in 1862 and 1863, were placed in the hands of ¥m. B. Jones, sheriff of said county, on the 12th day of October 1866, and that he was ordered to raise the money thereon; that at the time of delivering said fi. fas. into the hands of the sheriff, that the plaintiff wrote the sheriff a letter — which it was admitted he…
1Opinion of the Court
Lumpkin, O. J.
No objection was raised by the sheriff at the time, nor is it raised in the argument now, for want. of indemnity to make the levy. This point was settled by this Court in Levy vs. Shockley, 29 Ga. Rep., page 710. This Court said, by Mr. Justice Stephens, delivering the opinion, “The fact that the plaintiff in fi. fa. pointed out the property for a levy, was indemnity to the sheriff; for the plaintiff was bound to protect the officer in doing the specific thing which he had ordered him to do. If that indemnity was not sufficient, the sheriff could have objected to it on that…
2Cited by12 opinions
- Burns v. StateSupreme Court of Georgia · 1940
- Cross v. StateSupreme Court of Georgia · 1969
- Laurens County v. KeenSupreme Court of Georgia · 1958
- Scoville v. CalhounSupreme Court of Georgia · 1886
- Smith v. Merchants & Farmers BankSupreme Court of Georgia · 1970
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