Neal v. Haygood
Supreme Court of Georgia
This case was tried before Judge Dougherty, in the Superior Court of the county of Clark, at the August Term, 1846. For the facts of the case, and the error as.-igned, the reader is referred to the opinion delivered by the Supreme Court.
1Opinion of the Court
By the Court.
Nisbet, Judge.
This was an action of debt, brought in the lifetime of James Hendon, late sheriff of Clarke county, by a plaintiff in execution, for an escape out of final process. The defendant in execution had been committed on a c.a. sa. Pending the action the sheriff died, and scire facias having issued to make his representative a party ; upon return thereof, Green B. Hay-good, Esq., the administrator, objected, upon the ground that the action for an escape, being a personal action, abate.d upon the death of the sheriff. The judge presiding sustained the objection, and it is…
2Cited by10 opinions
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- Heath v. City of AtlantaCourt of Appeals of Georgia · 1942
- State ex rel. King v. PearceAlabama Court of Appeals · 1916
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