Matthews v. Browning
Supreme Court of Georgia
Constitutional Law. Jurisdiction of Ordinary. Before Judge Harrell. Webster Superior Court. March Term, 1870. The Ordinary of said county issued a fi. fa. against Browning, for $50 00 and costs, for peddling in said county without license. Matthew’s, the sheriff, levied it upon Browning’s property, and he filed an oath of illegality thereto, and being unable to give bond to replevy the property, deposited $100 00 with the sheriff, and thus replevied it.
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Constitutional Law. Jurisdiction of Ordinary. Before Judge Harrell. Webster Superior Court. March Term, 1870. The Ordinary of said county issued a fi. fa. against Browning, for $50 00 and costs, for peddling in said county without license. Matthew’s, the sheriff, levied it upon Browning’s property, and he filed an oath of illegality thereto, and being unable to give bond to replevy the property, deposited $100 00 with the sheriff, and thus replevied it. He then sued out a possessory, warrant against the sheriff for the $100 00, claiming that the Ordinary had no jurisdiction to issue such fi.…
1Opinion of the Court
By the Court—
McCAY, J.,
delivering the opinion.
Section 571 of the Code authorizes any justice of the In*223ferior Court, or Clerk thereof, to issue such a fi. fa. as was issued by the Ordinary in this case. Article 9, section 7, of the Constitution, (1868,) authorizes the Ordinaries to perform the duties of the Inferior Courts, until otherwise provided by law. It will be remembered that at the time the Convention of 1868 '¡was in session, the Inferior Court *had no duties except as managers of county affairs, county funds, etc.
This duty as to peddlers was a part of their duty; any one of the five…
2Cited by3 opinions
- Williams v. Sumter CountySupreme Court of Georgia · 1921
- McFall v. GriffinSupreme Court of Georgia · 1952
- Poole v. SimsSupreme Court of Georgia · 1881