Darley v. Thomas
Supreme Court of Georgia
Rule against Sheriff. Contempt. Before Judge Clark. Sumter Superior Court. October Adjourned Term, 1870. *In April, 1870, a rule' nisi was granted against Darley, sheriff, requiring him to show cause why he should not pay over to plaintiff’s attorney the amount due on a judgment in favor of George W. Thomas, against S. S. Boone, principal, and W. A. Hawkins, endorser, which was for $1,500 00, besides ■ interest.
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Rule against Sheriff. Contempt. Before Judge Clark. Sumter Superior Court. October Adjourned Term, 1870. *In April, 1870, a rule' nisi was granted against Darley, sheriff, requiring him to show cause why he should not pay over to plaintiff’s attorney the amount due on a judgment in favor of George W. Thomas, against S. S. Boone, principal, and W. A. Hawkins, endorser, which was for $1,500 00, besides ■ interest. He had collected $1,000 00 before April. 1870, and a written demand of it had been served on him. The sheriff filed no answer. At October Term he paid part of the money to plaintiff’s…
1Opinion of the CourtLochrane, C. J.
In this case it appears that -a rule nisi was served upon Darley, the Sheriff of Sumter county, calling upon him to> pay over money on a fi. fa. He acknowledged service of the rule, April 13th, 1870. In October, 1870, the Judge passed the usual order of attachments, granting five days to pay over the money, and in default he was to be imprisoned. Upon *this paper we find the written agreement of the sheriff to pay over the money during the week, and, upon failure, he consents that the Judge may hear and act upon the matter immediately thereafter, and render the judgment prayed for.
The bill of…
2Cited by2 opinions
- Puckett v. State Banking Co.Supreme Court of Georgia · 1908
- Able v. Consolidated Loan & Finance Co.Court of Appeals of Georgia · 1968