Holley v. Wallace
Supreme Court of Georgia
Debt, in Marion Superior Court. Tried before Judge Iverson, March Term, 1851. Benjamin J. Holley, the Sheriff of Marion County, appointed Zachariah Wallace his Deputy, taking bond with security from him for the proper discharge of ins duties.
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Debt, in Marion Superior Court. Tried before Judge Iverson, March Term, 1851. Benjamin J. Holley, the Sheriff of Marion County, appointed Zachariah Wallace his Deputy, taking bond with security from him for the proper discharge of ins duties. A mortgage fi. fa. in favor of Dowd & Wells vs. F. M. Collins, directing the Sheriff to sell certain lands therein described, was placed in the hands of Wallace to be executed, who, having failed so to do, a rule was taken against Holley, the principal Sheriff, to show cause why he should pot pay over the amount due on the fi. fa. The return to this rule…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] As Wallace was a paity to the rule against Holley, in which the latter was made chargeable with the debt of Dowdell & Wells, on account of the default of his deputy, Wallace, in not levying their mortgage ft. fa. it is clear that he is concluded by the judgment against his principal. It is, in fact, though not in form, a judgment against Wallace himself. How far David Elliott, one of the securities of Wallace, and a party to the present suit, and who had no judicial notice of the proceeding, may be bound by it, is another question.
' C^.]…
2Cases cited1 opinion
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- McArthor v. OgletreeCourt of Appeals of Georgia · 1908
- Wallace v. HollySupreme Court of Georgia · 1853
- MENDEZ v. MOATSSupreme Court of Georgia · 2020