Thompson v. Central Bank
Supreme Court of Georgia
Rule against Sheriff, in Troup Superior Court. Tried before Judge Hill, November Term, 1850. An execution in favor of the Central Bank of Georgia against Benjamin P. Robertson, returnable to October Term of Troup Superior Court, 1843, was placed in the hands of Seaborn J. Thompson, the plaintiff in error, then Sheriff of Troup County.
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Rule against Sheriff, in Troup Superior Court. Tried before Judge Hill, November Term, 1850. An execution in favor of the Central Bank of Georgia against Benjamin P. Robertson, returnable to October Term of Troup Superior Court, 1843, was placed in the hands of Seaborn J. Thompson, the plaintiff in error, then Sheriff of Troup County. The money was raised partly by levy and sale, and partly by payment by defendant in the execution, by the 5th day of September thereafter, and was duly credited by the Sheriff on the execution. At the May Term of Troup Superior Court, 1849-, a rule nisi was…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The Sheriff collected the money in this case, before the return term of the execution, as appears by his entries upon it. There is no doubt but that he is entitled to the protection of the Statute of Limitations. This is well settled. The only question made here is, at what time does the Statute commence to run in his favor ? We are not called upon to say at what time the Statute commences'to run in all cases where the Sheriff is liable to an action. Our judgment, now, is confined to the case-made in this record. This was a rule to pay over…
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