Puckett v. State Banking Co.
Supreme Court of Georgia
Buie. Before Judge Kimsey. Hall superior, court. February 7, 1907. On January 22, 1907, in the superior court of Hall county, a rule nisi was issued against Puckett, constable, which recited, that “it being represented to the court” that the constable had in his hands three justice-court fi. fas. in favor of the State Banking Company against A. J., J. M., and J. L. Smith, each for $85.66, besides interest and cost, and that the plaintiff had pointed out to the constable…
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Buie. Before Judge Kimsey. Hall superior, court. February 7, 1907. On January 22, 1907, in the superior court of Hall county, a rule nisi was issued against Puckett, constable, which recited, that “it being represented to the court” that the constable had in his hands three justice-court fi. fas. in favor of the State Banking Company against A. J., J. M., and J. L. Smith, each for $85.66, besides interest and cost, and that the plaintiff had pointed out to the constable property of the defendant, which was subject to the fi. fas. in his hands, with instructions to realize the money thereon,…
1Opinion of the CourtLumpkin, J.
1. A rule had been issued against a constable for failing to realize the amount due on certain executions placed in his hands. He was required to show cause instanter, or as soon •as counsel could be heard, why he should not pay to the plaintiff or its attorney the amount due on- the executions. It is contended that the court could not render any judgment against him unless he made answer, but could only proceed by a rule nisi against him for contempt in not answering. A rule by the court against one of its officers is not a regular suit, but an exercise of the court’s power over its officer,…
2Cases cited1 opinion
- Darley v. ThomasSupreme Court of Georgia · 1871
3Cited by3 opinions
- Dunaway v. GoreSupreme Court of Georgia · 1927
- Standard Gas Products Co. v. VismorCourt of Appeals of Georgia · 1923
- Able v. Consolidated Loan & Finance Co.Court of Appeals of Georgia · 1968