Taylor v. Johnson ex rel. A. W. & W. P. Carmichael
Supreme Court of Georgia
Debt, in Habersham Superior Court. Tried before Judge-Jackson, October Term, 1854. This was an action, brought by the Governor for the use of A. W. & W. P. Carmichael against Jeremiah Taylor late Sheriff, and Thos. J. Hughes, Peter B. Haralson, James Colley andi -Archer Whitehead, his securities, for a breach of his official bond.
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Debt, in Habersham Superior Court. Tried before Judge-Jackson, October Term, 1854. This was an action, brought by the Governor for the use of A. W. & W. P. Carmichael against Jeremiah Taylor late Sheriff, and Thos. J. Hughes, Peter B. Haralson, James Colley andi -Archer Whitehead, his securities, for a breach of his official bond. The declaration contained two counts — one founded on ■a-rule absolute obtained against the Sheriff at a previous term ■ of the Court, commanding him to pay over money to the plaintiffs, and which he had not obeyed; and the other setting forth a breach of his bond…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Every point in this case is encompassed, more or less, with doubt and difficultjr — perhaps none more so than the first.
Jeremiah Taylor having been elected Sheriff of Habersham County the first of January, 1852, on the fifth day of Eehruary next ensuing, gave bond for the faithful performance of the duties of his office, with Thos. J. Hughes, P. B. Haralson, James Colly and R. Nash as his securities. The bond was attested and approved by three Justices of the inferior Court.
On the 17th day of April thereafter, being the first sitting of the…
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