Bothwell v. Sheffield
Supreme Court of Georgia
In Equity, in Dooly Superior Court. Decision on demurrer, by Judge Warren, May Term, 1850. The bill in this case, filed by David J. Bothwell and others, as thesecurities of E.O.
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In Equity, in Dooly Superior Court. Decision on demurrer, by Judge Warren, May Term, 1850. The bill in this case, filed by David J. Bothwell and others, as thesecurities of E.O. Sheffield, former Sheriff of Dooly County, alleged, that the amount of the bond was $5000 ; that Sheffield and his Deputy collected, on sundry executions, an amount largely ex-ceedingthe sum of $5000, which they failed to pay over, alleging as their excuse, that the money was deposited in their office in the court-house of Dooly County, and was destroyed by fire when the court-house was consumed. The bill alleged that…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We concur fully in the judgment of the Circuit Court, that the securities have a plain and adequate remedy at Common Law. Whenever, by previous recovery, the penalty of the Sheriff’s bond has been exhausted, they can plead this fact,' and protect themselves from further liability ; and this being the case, it would be unjust to the more vigilant suitors who have been aggrieved or injured by the official misconduct of the Sheriff, to restrain them from prosecuting their rights at law. Acts of 1847, p. 201.
Judgment affirmed.
2Cited by3 opinions
- Witter v. Massachusetts Bonding & InsuranceSupreme Court of Iowa · 1933
- Arbie v. JonesSupreme Court of Arkansas · 1907
- Lane v. HarrisSupreme Court of Georgia · 1854