Wallace v. Holly
Supreme Court of Georgia
Debt, in Marion Superior Court. Tried before Judge Iverson, March Term, 1853. Benjamin J. Holly, the Sheriff of Marion County, appointed Zachariah Wallace his Deputy, taking bond with security from him, for the faithful discharge of his duties.
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Debt, in Marion Superior Court. Tried before Judge Iverson, March Term, 1853. Benjamin J. Holly, the Sheriff of Marion County, appointed Zachariah Wallace his Deputy, taking bond with security from him, for the faithful discharge of his 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 Holly, the principal Sheriff, to show cause why he should not pay over the amount due on the fi. fa. The return to this…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
We do not see a hook to hang a reasonable doubt upon about this case.
[l.] There was a judgment for the money against the principal Sheriff, and when this cause was before us at Columbus, we held, that the Deputy was concluded by it, because he was a party to it. 10 Ga. Rep. 158. Whether he would have been concluded, had he not been a party, it is not necessary now to determine. The sureties are sued here, and the issues are made between them and the Sheriff. They pleaded that they are not liable, because it was no part of the official duty of…
2Cases cited2 opinions
- McDougald v. DoughertySupreme Court of Georgia · 1853
- Holley v. WallaceSupreme Court of Georgia · 1851
3Cited by21 opinions
- Baldwin v. DavisSupreme Court of Georgia · 1939
- Tones v. StateCourt of Criminal Appeals of Texas · 1905
- Williams v. InmanCourt of Appeals of Georgia · 1907
- Jefferson v. HartleySupreme Court of Georgia · 1889
- Moughon v. MastersonSupreme Court of Georgia · 1913
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