Holbrook v. James H. Prichard Motor Co.
Court of Appeals of Georgia
Confiscation:, from Forsyth, superior court — -Judge Blair. April 23, 1921. Application for certiorari was denied by tlie Supreme Court. This case arose on the following state of facts: The sheriff of Forsyth county seized a Ford automobile containing, for transportation, twentj'-one gallons of whisky.
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Confiscation:, from Forsyth, superior court — -Judge Blair. April 23, 1921. Application for certiorari was denied by tlie Supreme Court. This case arose on the following state of facts: The sheriff of Forsyth county seized a Ford automobile containing, for transportation, twentj'-one gallons of whisky. Subsequently the solicitor-general instituted condemnation proceedings under the provisions of § 20 of the act of the General Assembly approved March 28, 1917. The James H. Prichard Motor Company filed an intervention, wherein it set up that it held the legal title to the automobile, by virtue…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
Keduced to its last analysis, the position of the sheriff, the plaintiff in error, before this court is that the order passed by the trial court, requiring him to accept the bond and deliver possession of the automobile to the intervenor, was without authority of law and was therefore nugatory, and that his failure to comply therewith did not subject him to attachment for contempt. This court does not agree with the position of the plaintiff in error. It is of the opinion that the sheriff, as the ministerial officer of the court, has no right to question…
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