Jordan v. Porterfield
Supreme Court of Georgia
Rule vs. Sheriff, in Madison Superior Court. Decision by Judge Andrews, at March Term, 1855. A ca. sa. in favor of Reuben and Charles Jordan vs. Jefferson Culbertson, was placed in the hands of the Sheriff of Madison County. The Sheriff arrested Culbertson and discharged him, on his giving bond, conditioned “ that in the event Culbertson should be cast in said suit, they should well and truly pay the condemnation money,” &c.
Read the full summary
Rule vs. Sheriff, in Madison Superior Court. Decision by Judge Andrews, at March Term, 1855. A ca. sa. in favor of Reuben and Charles Jordan vs. Jefferson Culbertson, was placed in the hands of the Sheriff of Madison County. The Sheriff arrested Culbertson and discharged him, on his giving bond, conditioned “ that in the event Culbertson should be cast in said suit, they should well and truly pay the condemnation money,” &c. At March Term, 1855, a rule nisi was granted against the Sheriff, to show cause why he should not pay over the amount due on said ca. sa. The Sheriff made return, showing…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
Requiring this record to speak strictly for itself, it shows, nothing more than a defect in the teste of this ca. sa. If the Sheriff was to know that Garnett Andrews was not Judge of the Superior Court in December, 1852, (the date of the process,) he should be required also to. have known that this was a mere defect in the teste of the ca. sa.; that this teste was mere matter of form — not a substantial portion of the execution, and that the defect was therefore merely an irregularity, and did not vitiate that process.
In such cases of mere…
2Cited by5 opinions
- Gladden v. CobbSupreme Court of Georgia · 1884
- Singer Sewing Machine Co. v. BarnettSupreme Court of Georgia · 1886
- Wilbur v. StokesSupreme Court of Georgia · 1903
- Singer Sewing Machine Co. v. BarnettSupreme Court of Georgia · 1886
- Singer Sewing Machine Co. v. BarnettSupreme Court of Georgia · 1886