Snell v. Mayo
Supreme Court of Georgia
Sheriffs. Pail. Damages. Before Judge Johnson. Washington Superior Court. September Term, 1878. Snell brought trover, with bail process attached, against Jackson. Mayo, the sheriff, served the defendant by leaving a copy at his most notorious place of abode. lie made no return as to the property sued for, or as to any arrest of the defendant.
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Sheriffs. Pail. Damages. Before Judge Johnson. Washington Superior Court. September Term, 1878. Snell brought trover, with bail process attached, against Jackson. Mayo, the sheriff, served the defendant by leaving a copy at his most notorious place of abode. lie made no return as to the property sued for, or as to any arrest of the defendant. Subsequently the plaintiff recovered a verdict and judgment against the defendant for $40.00. Execution issued and a return of nulla bona was made. The plaintiff moved a rule against the sheriff for his failure to seize the property sued for, to arrest…
1Opinion of the Court
Bleckley, Justice.
An officer who, on mesne process, fails without good excuse to render services legally incumbent upon him, must respond to the plaintiff in damages for whatever amount the services if faithfully performed would have been worth in the proceeding in which they were due. In “bail trover” the sheriff is bound, either to seize the property sued for, and deliver it to the plaintiff on the terms prescribed, or to arrest the defendant and imprison him until the property is produced or a bond is given for its forthcoming; which bond renders the surety thereon liable for the eventual…
2Cases cited3 opinions
- Wallace v. HollySupreme Court of Georgia · 1853
- Cowart v. T. J. Dunbar & Co.Supreme Court of Georgia · 1876
- Crawford v. AndrewsSupreme Court of Georgia · 1849
3Cited by3 opinions
- Edwards v. Boyd Co.Supreme Court of Georgia · 1911
- Beck & Gregg Hardware Co. v. KnightSupreme Court of Georgia · 1904
- Battle v. Ricks Lumber Co.Court of Appeals of Georgia · 1928