Legal Opinion

Stephens v. Crawford

Supreme Court of Georgia

Decided November 15, 1847No. 67PublishedCited by 13 opinions

Debt on Sheriff’s Bond. Tried before Judge Mekiwethee. In Baldwin Superior Court. August Term, 1847. This was an action of debt, brought by the defendant in error as Governor of the State of Georgia, for the use of one John A. Breedlove, against John S. Stephens, as principal, and John M. Maclin, Benjamin L. Lester, and Michael J. Kenan, as securities, upon a bond given by said Stephens as sheriff of the county of Baldwin, on the 3d day of March, in the year 1840. This bond…

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Debt on Sheriff’s Bond. Tried before Judge Mekiwethee. In Baldwin Superior Court. August Term, 1847. This was an action of debt, brought by the defendant in error as Governor of the State of Georgia, for the use of one John A. Breedlove, against John S. Stephens, as principal, and John M. Maclin, Benjamin L. Lester, and Michael J. Kenan, as securities, upon a bond given by said Stephens as sheriff of the county of Baldwin, on the 3d day of March, in the year 1840. This bond was in the form of a sheriff’s official bond, and recited that said Stephens was, on the 6th day of January, 1840,…

1Opinion of the Court

By the Court.

Nisbet, J.,

delivering the opinion.

[1.] All the points made in this case, except'one, were made in the case of Stephens et al. vs. Geo. W. Crawford, for the use of Ward, reported in 1 Kelly, 574. The action in that case was upon Stephens’ bond; so it is in the present case, but in favour of a different usee. We determined in the first case, that the bond was not good under the statutes of Georgia; that the successors of C. J. McDonald, to whom it was made payable, could sue upon it; that it was a valid bond at common law; that as such, the delivery to the clerk of the Superior…

2Cases cited1 opinion

  1. Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809

3Cited by13 opinions

  1. Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
  2. Wall v. MountSupreme Court of Georgia · 1905
  3. Anderson v. BrumbySupreme Court of Georgia · 1902
  4. Lord v. LoweCourt of Appeals of Georgia · 2012
  5. Williams v. MitchemSupreme Court of Georgia · 1921

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