Crawford v. Andrews
Supreme Court of Georgia
Debt on official bond, in Crawford Superior Court. Tried before Judge Scarborough, August Term, 1848. This was an action of debt on the official bond of Thomas Andrews, as Sheriff of Crawford County.
Read the full summary
Debt on official bond, in Crawford Superior Court. Tried before Judge Scarborough, August Term, 1848. This was an action of debt on the official bond of Thomas Andrews, as Sheriff of Crawford County. The breach alleged was, that Enos R. Flewellon, the usee of the plaintiff, had taken out a hail process against one Thomas Cochran, under which Cochran was arrested by the said Andrews, as Sheriff; that Cochran gave bail, who subsequently surrendered him to the Sheriff, who “suffered and permitted the said Cochran to escape and go .at large ;” that Flewellenhad obtained judgment against Cochran,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The very able brief of the learned Counsel for the plaintiff in error, has presented fairly, and. discussed fully, the only two questions which arise on the record:
1st. Whether anytestimony of Cochran’s insolvency should have been received.
2ndly. Admitting the insolvency of the party to be a good defence, was it admissible to establish it by such testimony as was adduced on the trial ?
It will be my aim to sustain the affirmative of both these propositions.
[1.] This action is brought against the Sheriff for an escape on mesne process. Now, we hold…
2Cases cited3 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Wolverton v. Commonwealth ex rel. Hart & Co.Supreme Court of Pennsylvania · 1821
3Cited by8 opinions
- Manley v. StateSupreme Court of Georgia · 1928
- Cabaniss v. StateCourt of Appeals of Georgia · 1910
- Moore v. DozierSupreme Court of Georgia · 1907
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- Kirkman v. AshfordSupreme Court of Georgia · 1916
3 more not listed; retrieve them via the Exa API.