Justices of the Inferior Court v. Bivins
Supreme Court of Georgia
Application for mandamus, before Judge Merriwetiier. Decided in Baldwin Superior Court, February Term, 1849. John S. Stephens, former Sheriff of Baldwin County, was attached and imprisoned in the jail of said County, for a contempt of the Superior Court, in failing to pay over money collected on a ji. fa. in favor of John A. Breedlove. After remaining imprisoned one hundred and sixty-five days, he was discharged by order of the Superior Court, he being utterly insolvent.
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Application for mandamus, before Judge Merriwetiier. Decided in Baldwin Superior Court, February Term, 1849. John S. Stephens, former Sheriff of Baldwin County, was attached and imprisoned in the jail of said County, for a contempt of the Superior Court, in failing to pay over money collected on a ji. fa. in favor of John A. Breedlove. After remaining imprisoned one hundred and sixty-five days, he was discharged by order of the Superior Court, he being utterly insolvent. William R. Bivins, the Jailor, applied to His Honor Judge Merriwetiier for a mandamus, to be directed to the Justices of…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The only question involved in this case'is, whether the County of Baldwin or the plaintiff in execution, at whose instance *576the attachment issued, is bound to pay the cost of Stephens’ imprisonment. The attachment, after reciting that a rule absolute was granted against Stephens, as late Sheriff, at the instance of John A. Breedlove, plaintiff in execution, against JohnR. Smith et al. for the amount of principal and interest due on the fi. fa. stated therein, requiring payment thereof to he made instanter, which Stephens failed to do, the…
2Cited by2 opinions
- Brown v. BrownSupreme Court of Georgia · 1937
- In re PitmanU.S. Circuit Court for the District of Rhode Island · 1852