Stephens v. Wallis
Supreme Court of Georgia
Criminal Law. Certiorari. Costs. Levy and Sale. Prohibition. Before Judge Fort. Stewart Superior Court. April Term, 1885. H. M. Stephens was arrested on a warrant, based on an affidavit, stating that John Wallis was in fear of bodily harm and'of ‘‘ violent personal inj ary to his property ” from the defendant.
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Criminal Law. Certiorari. Costs. Levy and Sale. Prohibition. Before Judge Fort. Stewart Superior Court. April Term, 1885. H. M. Stephens was arrested on a warrant, based on an affidavit, stating that John Wallis was in fear of bodily harm and'of ‘‘ violent personal inj ary to his property ” from the defendant. The warrant ordered the arrest of the defendant, and also that the arresting officer should levy on a sufficient amount of the defendant’s property to pay the costs of the proceeding in the event of his conviction. The sheriff arrested the defendant and levied on a mule to satisfy the…
1Opinion of the Court
Hall, Justice.
We agree with the judge of the superior court that a certiorari does not lie to proceedings before-a justice of the peace, binding over a party to the superior court, arrested upon a warrant either to keep the peace or for his good behavior. While we know, of no precedent or authority for inserting in such a warrant a direction to the arresting officer to levy upon and hold the property of the defendant for the payment of costs in case of conviction, and if he does so levy and proceed to sell the property seized,' as seems to have been the case here, it is without lawful warrant…
2Cases cited1 opinion
- Hyden v. StateSupreme Court of Georgia · 1869
3Cited by3 opinions
- Ormond v. BallSupreme Court of Georgia · 1904
- Dukes v. DukesCourt of Appeals of Georgia · 1969
- Newberry v. StateSupreme Court of Georgia · 1977