Phillips v. Lamar
Supreme Court of Georgia
Rule against Sheriff, from Muscogee county. Decision by Judge Worrill, at November Term, 1858. This was a rule against William IT. Lamar, late Sheriff of Muscogee county, to shew cause why he should' not pay to the plaintiff the amount d'ue on a fi.fm. placed in his hands, at the suit of Pleasant J. Phillips, Executor of H. IT. Lowe, against Alfred Iverson.
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Rule against Sheriff, from Muscogee county. Decision by Judge Worrill, at November Term, 1858. This was a rule against William IT. Lamar, late Sheriff of Muscogee county, to shew cause why he should' not pay to the plaintiff the amount d'ue on a fi.fm. placed in his hands, at the suit of Pleasant J. Phillips, Executor of H. IT. Lowe, against Alfred Iverson. Lamar answered, that he collected the money, and on the same day deposited it in the Manufacturers and Mechanics Bank of Columbus, a chartered Bank, then doingbusiness, and in good credit; that he kept his bank account of deposit at said…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The law makes the Sheriff the collecting officer under final process of the Courts, and it holds him liable to a stringent and summary liability. If he fails to do his duty according to the exigency of the process in his hands, the plaintiff is not compelled to resort to the tardy remedy of an ordinary suit, but he may proceed against him by rule, as for contempt, and coerce the payment of the money instanter, which he ought to have in Court, and would have had, but for his misconduct.
The .strictness of the law as enacted by our Legislature, and…
2Cited by9 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Lamb v. DartSupreme Court of Georgia · 1899
- Ricks v. BroylesSupreme Court of Georgia · 1887
- Inhabitants of Cumberland Co. v. PennellSupreme Judicial Court of Maine · 1879
- Armstrong v. WaltonSupreme Court of Georgia · 1918
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