Edwards v. Boyd Co.
Supreme Court of Georgia
Action for damages. Before Judge Frank Park. Dougherty superior court. April 4, 1910. The Boyd Company brought an action' for damages against Felix G. Edwards, sheriff of the city court of Albany, on account of the failure of a deputy sheriff to properly execute a bail process which was taken out in connection .with a trover suit to recover mules from George, Hand Kidd. The- defendant filed a demurrer,' which was overruled, and he excepted.
Read the full summary
Action for damages. Before Judge Frank Park. Dougherty superior court. April 4, 1910. The Boyd Company brought an action' for damages against Felix G. Edwards, sheriff of the city court of Albany, on account of the failure of a deputy sheriff to properly execute a bail process which was taken out in connection .with a trover suit to recover mules from George, Hand Kidd. The- defendant filed a demurrer,' which was overruled, and he excepted. He also, among other things, set up the following defense: “For want of sufficient information he can neither admit nor deny the third paragraph of said…
1Opinion of the CourtAtkinson, J.
1. The ruling in the first lieadnote sufficiently deals with the question there decided.
*7362. The controlling question on demurrer is as to the sheriff’s liability in damages, under the allegations of the petition, on account of the failure on the part of the deputy to take the statutory bond, seize the property, or commit the defendant to jail. Under the provisions of the Civil Code of 1895, § 4605 (Code of 1910, § 5151), the affidavit for bail-trover having been appropriately made, it was the duty of the officer serving the petition and process “to take a recognizance payable to the plaintiff…
2Cases cited6 opinions
- Ward v. Frick Co.Supreme Court of Georgia · 1895
- Holcombe v. DupreeSupreme Court of Georgia · 1873
- Groover, Stubbs & Co. v. WhiteSupreme Court of Georgia · 1875
- Snell v. MayoSupreme Court of Georgia · 1879
- State ex rel. Ross v. CaveSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
- Holbert v. AllredCourt of Appeals of Georgia · 1920
- Lee v. HolmanSupreme Court of Georgia · 1937
- American Liberty Insurance v. SandersCourt of Appeals of Georgia · 1969
11 more not listed; retrieve them via the Exa API.