Holcombe v. Dupree
Supreme Court of Georgia
Rule against officer. Attachment. Contempt. Before Judge Harvey. Haralson Superior Court. March Term, 1873. At the April term, 1860, of Haralson Superior Court, Thomas W. Dupree obtained judgment against Wilson F. Blackstock, for the principal sum of $635 91, besides interest and costs. Execution was issued May 21st,. 1860. At the October term, 1860, a rule nisi was issued against the sheriff, requiring him to show cause why he had not made the money on said execution.
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Rule against officer. Attachment. Contempt. Before Judge Harvey. Haralson Superior Court. March Term, 1873. At the April term, 1860, of Haralson Superior Court, Thomas W. Dupree obtained judgment against Wilson F. Blackstock, for the principal sum of $635 91, besides interest and costs. Execution was issued May 21st,. 1860. At the October term, 1860, a rule nisi was issued against the sheriff, requiring him to show cause why he had not made the money on said execution. At the same term the rule was made absolute. At the October term, 1866, a rule nisi was issued against the sheriff requiring…
1Opinion of the Court
McCay, Judge.
1. This Court, in two cases, has decided that rules absolute against the sheriff for contempt, do not stand altogether like judgments between parties. They do not operate as estoppels, but the Court, upon a proper case made, will go behind the order and look into the truth of the case : See Chipman vs. Barron, 2 Kelly, 220, 15 Georgia, 182. As the sheriff’s answer is not traversed, it is to be taken as true. If it be true, he never was in contempt. His failure to execute the process was by reason of a written order of the plaintiff not to do so. The rule absolute was taken by…
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