Buchanan v. McDonald
Supreme Court of Georgia
Order of Argument. Rule agaifast Sheriff. Before Judge Parrott., Murray Superior Court. October Term, 1869. Buchanan was sheriff, and McDonald his deputy. „ McDonald went out of office, and Buchanan, in April, 1869, obtained against him a rule nisi, requiring him to show cause why he should not pay into Court the amounts called for by divers cost^/i. fas., in favor of the officers of the Court, which McDonald had had for collection, while-he was in office.
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Order of Argument. Rule agaifast Sheriff. Before Judge Parrott., Murray Superior Court. October Term, 1869. Buchanan was sheriff, and McDonald his deputy. „ McDonald went out of office, and Buchanan, in April, 1869, obtained against him a rule nisi, requiring him to show cause why he should not pay into Court the amounts called for by divers cost^/i. fas., in favor of the officers of the Court, which McDonald had had for collection, while-he was in office. McDonald answered that he, had not levied the fi. fas., because Buchanan had told him not to do so, etc. This answer was traversed, and…
1Opinion of the CourtMcCay, J.
We are clear that the Court erred in holding that the sheriff had the right to open and conclude the argument, in this case. True, he was called upon to show cause, and if the question for argument was upon the rule and answer, under (new) rule 45, of the Superior Courts, the right to open and conclude would be his. But this is an issue formed upon his answer. He answers, under oath, as an officer of Court. It stands upon the footing of a return. Prima fade it was'to *288be taken for true. The plaintiff undertook to controvert it, to show that it was untrue, and the burden of proof was upon him.…
2Cited by7 opinions
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- Canada Dry Bottling Co. v. CampbellCourt of Appeals of Georgia · 1965
- State Highway Department v. SmithCourt of Appeals of Georgia · 1965
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