Gilmore v. Moore
Supreme Court of Georgia
Rule against Sheriff, in Harris Superior Court. Tried before Judge Worrill, at April Term, 1860. This was a rule against Thomas H. Moore, Sheriff of Harris county, taken out at the instance of William B. S. Gilmore, to show cause why he should not pay over to said Gilmore the sum of $400 00, principal, and $65 71 interest, besides the cost, alleged to have been collected by said sheriff on a fi. fa. in favor of Gilmore against Timothy Collins and others, and which he failed…
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Rule against Sheriff, in Harris Superior Court. Tried before Judge Worrill, at April Term, 1860. This was a rule against Thomas H. Moore, Sheriff of Harris county, taken out at the instance of William B. S. Gilmore, to show cause why he should not pay over to said Gilmore the sum of $400 00, principal, and $65 71 interest, besides the cost, alleged to have been collected by said sheriff on a fi. fa. in favor of Gilmore against Timothy Collins and others, and which he failed and neglected to pay over to said Gilmore. The sheriff answered that he collected the amount due on said fi. fa. in…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
Was the sheriff liable to account to the plaintiff for the money collected by him ? Is he excused by the facts set forth in his return, in response to the rule?
Of course the defendant cannot be called upon a second time to pay the debt. Either the plaintiff or the sheriff must sustain the loss. The sheriff voluntarily assumes the responsibilities of his office. ■ Amongst the rest, if he lose money which he has collected, he must account for it. The plaintiff has no option. He is compelled to entrust to the sheriff the collection of his debt. He…
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