Legal Opinion

Odom v. Gill

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 6 opinions

Jurors. Practice in the Superior Court. Sheriffs. Witness. Before Judge Clark. Lee Superior Court. March Term, 1877. This was an appeal from the county court to the superior court. Gill, former shériff, moved to set aside an attachment issued against him by the clerk of the county court. The facts alleged were, in brief, as follows: In 1859, Warren & Eloyd, attorneys at law, placed in the hands of Sullivan, the deputy sheriff, a fi. fa. in favor of Odom against Folds et al.

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Jurors. Practice in the Superior Court. Sheriffs. Witness. Before Judge Clark. Lee Superior Court. March Term, 1877. This was an appeal from the county court to the superior court. Gill, former shériff, moved to set aside an attachment issued against him by the clerk of the county court. The facts alleged were, in brief, as follows: In 1859, Warren & Eloyd, attorneys at law, placed in the hands of Sullivan, the deputy sheriff, a fi. fa. in favor of Odom against Folds et al. Sullivan collected the money and paid it to Eloyd. He stated, however, to the latter that there was an attachment…

1Opinion of the Court

Jackson, Judge.

"A rule absolute was obtained against Gill, the sheriff of Lee, for the default of his deputy, in not paying over money collected by the deputy. Some five or six years afterwards, a motion was made to vacate, or set aside, the rule. It was vacated after verdict, and Odom moved for a new trial, on grounds set out in the motion, which was overruled, and Odom brings the case here on the refusal of the court to set aside the verdict and grant the new trial.

1. The first ground is that the court erred in refusing tb fill up the panel of petit jurors to twenty-four — two of them being…

2Cases cited4 opinions

  1. Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
  2. Field v. WalkerSupreme Court of Georgia · 1867
  3. Wright v. BessmanSupreme Court of Georgia · 1875
  4. Davis v. DempseySupreme Court of Georgia · 1854

3Cited by6 opinions

  1. Kingsbery v. RyanSupreme Court of Georgia · 1893
  2. Berrisford v. StateSupreme Court of Georgia · 1880
  3. Daniels v. StateCourt of Appeals of Georgia · 1922
  4. Allen v. MorganSupreme Court of Georgia · 1878
  5. Johnson v. HartSupreme Court of Georgia · 1889

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