Murphy v. Justices of the Inferior Court
Supreme Court of Georgia
Certiorari, in Wilkinson Superior Court. Decided by Judge Johnson, April Term, 1852. The Inferior Court of Wilkinson County, ordered the sale of a runaway negro, named Anthony, after a due advertisement of the same, as required by law. The Clerk of the Inferior Court issued a process, which he termed an attachment, requiring the Sheriff to sell, &c.
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Certiorari, in Wilkinson Superior Court. Decided by Judge Johnson, April Term, 1852. The Inferior Court of Wilkinson County, ordered the sale of a runaway negro, named Anthony, after a due advertisement of the same, as required by law. The Clerk of the Inferior Court issued a process, which he termed an attachment, requiring the Sheriff to sell, &c. The Sheriff levied this process on the negro, Anthony, and made the following return thereon : “ The above levy sold for four hundred and fifty-one dollars, and after deducting all costs and expenses, leaves a balance of two hundred and…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The first exception which I consider is, that the Inferior Court of Wilkinson County were not the proper parties to move the rule against the Sheriff. The arguments to sustain this exception are, that the process under which the Sheriff raised the money by the sale of the negro, issued in the name of the Clerk of the Inferior Court; that by law the fund is payable to him; that he is the only person who could move the rule, and therefore the Inferior Court cannot move it. The law directs that runaways, when committed to jail, shall be…
2Cited by9 opinions
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- Gray v. ConyersSupreme Court of Georgia · 1883
- Heath v. City of AtlantaCourt of Appeals of Georgia · 1942
- Haupt v. StateSupreme Court of Georgia · 1899
- Brannon v. StateCourt of Appeals of Georgia · 1917
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