Justices of the Inferior Court v. Ennis
Supreme Court of Georgia
Motion in arrest of judgment, in Scriven Superior Court, decided by Judge Holt, October Term, 1848. Suit was commenced, and a verdict rendered in favor of the Justices &e. for the use of James B. Dill, against Azariah Ennis, as surety, in the following bond : “Georgia, Scriven County.
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Motion in arrest of judgment, in Scriven Superior Court, decided by Judge Holt, October Term, 1848. Suit was commenced, and a verdict rendered in favor of the Justices &e. for the use of James B. Dill, against Azariah Ennis, as surety, in the following bond : “Georgia, Scriven County. Know all men by these presents, that we, William H. Bryan and Azariah Ennis, are held and hound unto the Justices of the Inferior Court of said county, in the just and full sum of five hundred dollars, for which we bind ourselves, our heirs, and our executors and administrators, severally and jointly. Now the…
1Opinion of the Court
iBy the Court.
Nisbet, J.
delivering the opinion.
[1.] The question made in this case, occurred on a motion to arrest the-judgment. The declaration on the bond, charges that ¿Bryan gave the bond sued on as constable, that he entered upon ¡the duties of his office, andas constable, made default. For this ■default, which is specially set forth, the surety, who is defendant in error, is sought to be made liable. The Court below arrest-ad the judgment, upon the ground that the bond upon which the' ¡action is founded, is void, because not in terms of the Statute. The Act of ,1818, [Prince,) 509,…
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