Stephens v. Crawford
Supreme Court of Georgia
This was an action, of debt upon a sheriff’s bond, tried before Judge Merriwether, in the Superior Court of the county of Baldwin, at August Term, 1846. Upon the trial, a copy of a bond, duly certified by the proper officer, purporting to be a sheriff’s bond, executed by John S. Stephens, John M. Maclin, Benjamin L. Lester, and Michael J. Kenan, the plaintiffs in error, was offered in evidence, in behalf of the defendant in error, who was plaintiff below.
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This was an action, of debt upon a sheriff’s bond, tried before Judge Merriwether, in the Superior Court of the county of Baldwin, at August Term, 1846. Upon the trial, a copy of a bond, duly certified by the proper officer, purporting to be a sheriff’s bond, executed by John S. Stephens, John M. Maclin, Benjamin L. Lester, and Michael J. Kenan, the plaintiffs in error, was offered in evidence, in behalf of the defendant in error, who was plaintiff below. The bond bore date the 3d day of March, 1840, and recited, that the said Stephens was elected sheriff of the said county of Baldwin on the…
1Opinion of the Court
By the Court
Nisbet, Judge.
This is an action on a sheriff’s bond, to charge the sureties for a default of their principal, and the first question made is, whether the admissions of the principal can be given in evidence to charge them ?
We think they are prima facie evidence of their liability, and cast the onus upon them.
This court has determined that a decree against a guardian upon a bill suggesting a devastavit to which they were not parties, is no more than prima facie evidence against the sureties — they can inquire into the grounds of the decree ah origine. With stronger reason the…
2Cited by24 opinions
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- Hagar v. StateSupreme Court of Georgia · 1884
- Manley v. StateSupreme Court of Georgia · 1928
- Paxton v. StateNebraska Supreme Court · 1899
- Beckwith v. Rector, Wardens & Vestrymen of St. Philip's ParishSupreme Court of Georgia · 1882
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