Phillips v. Behn & Foster
Supreme Court of Georgia
Rule, against the Sheriff. In Dougherty Superior Court.. Decided by Judge Love, November Term, 1855. Behn & Foster having a fi. fa. vs. Andrew Y. Hampton, moved a rule vs. the Sheriff, to show cause why he should not pay the amount due thereon from the fund in his hands.
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Rule, against the Sheriff. In Dougherty Superior Court.. Decided by Judge Love, November Term, 1855. Behn & Foster having a fi. fa. vs. Andrew Y. Hampton, moved a rule vs. the Sheriff, to show cause why he should not pay the amount due thereon from the fund in his hands. The Sheriff objected to the granting of a rule absolute, on-the following grounds: 1. Because the Behn & Foster fi. fa. and judgment, was upon an established record, the original having been lost; and from said record, it did not appear that there ever had been any judgment at Common Law vs. said Hampton, while,. •by the date…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The Court below certainly had the power to pass the •order for the rectification of what is called the record. The power to establish lost papers, is a power to establish them •correctly. And so, the Court had the power to pass an order for imparting to the papers or “record,” when found, the ■virtue which it had when lost, if, indeed,' such an order was .needed.
These powers the Court had under the grant of power to the Courts in respect to lost papers made by the Judiciary Act of 1799, and the grant to them of power to amend made .by the…
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- Buffington v. HentonWashington Supreme Court · 1912
- Hardy v. TruittCourt of Appeals of Georgia · 1917
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