Davis v. Dempsey
Supreme Court of Georgia
Motion in Bibb Superior Court. Decided by Judge Powers, November Term, 1853. At May Term, 1853, a rule nisi was granted against David J. Davis, as Sheriff, requiring him to show cause why he should not pay to Dermod Dempsey, the amount due on a mortgage f,. fa. against one Thomas Williams. No cause being shown, the rule was made absolute.
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Motion in Bibb Superior Court. Decided by Judge Powers, November Term, 1853. At May Term, 1853, a rule nisi was granted against David J. Davis, as Sheriff, requiring him to show cause why he should not pay to Dermod Dempsey, the amount due on a mortgage f,. fa. against one Thomas Williams. No cause being shown, the rule was made absolute. At November Term, 1853, the Sheriff moved to set aside the rule absolute, upon the following grounds : 1st. Because plaintiff was himself, a purchaser of the property sold, to the amount of $524 upon which purchases, no money was paid; but, by agreement, it…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Ought the motion to set aside the rule absolute, against the Sheriff, to have been granted ? This is tho only question for decision in this case.
[1.] That the Court had the power to grant the- motion,, there can be no question. Chipman vs. Barron, (2 Ga. R. 231-2.)
2. Was there sufficient cause shown to the Court to require the Court to grant the motion ? Most certainly there was.
[2.] It was shown to the Court, first, that the Sheriff had not, in fact, ever had anything in his hands due the defendant,. Dempsey; second, that the rule absolute had…
2Cited by4 opinions
- Kingsbery v. RyanSupreme Court of Georgia · 1893
- Wakefield v. MooreSupreme Court of Georgia · 1880
- Odom v. GillSupreme Court of Georgia · 1877
- Aiken v. RichardsonSupreme Court of Georgia · 1954