Dobbs v. Justices of the Inferior Court of Murray County
Supreme Court of Georgia
Debt, in Murray Superior Court. Tried before Judge Tiiippe, April Term, 1855. This was an action brought by the Justices of the Inferior Court, for the use of James Forsyth against William Weems, principal, and Reuben T. Dobbs and John Devors, securities, on a Constable’s bond, to recover damages for not returning an attachment, levied by Weems, as Constable, at suit of Forsyth, on a wagon and horses, as the property of one Enos H. White.
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Debt, in Murray Superior Court. Tried before Judge Tiiippe, April Term, 1855. This was an action brought by the Justices of the Inferior Court, for the use of James Forsyth against William Weems, principal, and Reuben T. Dobbs and John Devors, securities, on a Constable’s bond, to recover damages for not returning an attachment, levied by Weems, as Constable, at suit of Forsyth, on a wagon and horses, as the property of one Enos H. White. A return of “ non est inventus” was made as to Weems. On the trial, the plaintiff produced an attachment against White, with an entry of levy signed by…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first error assigned is, that the Court admitted the original attachment to go in evidence to the Jury, without requiring proof of its execution.
The ofiicial attestation of the papers, is prima facie proof of their genuineness, atid easts the burthen upon the party denying it.
[2.] The next complaint is, that the attachment bond was not attested by the officiating Magistrate. The law does not require that it should be. Bond, says the Statute, must be taken; and the Justice who issued the attachment, recites, in •the face of it, that bond…
2Cases cited1 opinion
- Goelet v. M'KinstryNew York Supreme Court · 1800
3Cited by15 opinions
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- Irvin v. HowardSupreme Court of Georgia · 1867
- Wilkin v. American Freehold Land Mortgage Co. of London Ltd.Supreme Court of Georgia · 1898
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