Matthis v. Pollard
Supreme Court of Georgia
Rule against Sheriff. . Tried before Judge Alexander, in Talbot Superior'Court, March Term, 1847. At the March adjourned term of the Superior Court of Talbot County, 1847, James Pollard, the defendant in error, obtained a rule Nisi against the plaintiff in error, reciting that James R. Giddens, the former deputy of said plaintiff, on the 8th of March, 1846, collected the sum of $40, on a writ of Fien Facias, sued out from the Superior Court aforesaid, at the instance of said…
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Rule against Sheriff. . Tried before Judge Alexander, in Talbot Superior'Court, March Term, 1847. At the March adjourned term of the Superior Court of Talbot County, 1847, James Pollard, the defendant in error, obtained a rule Nisi against the plaintiff in error, reciting that James R. Giddens, the former deputy of said plaintiff, on the 8th of March, 1846, collected the sum of $40, on a writ of Fien Facias, sued out from the Superior Court aforesaid, at the instance of said defendant, against Stephen J. Phillips and Thomas H. Dozier security, and requiring said plaintiff to show cause why he…
1Opinion of the Court
By the Court
Nisbet J.
delivering the opinion.
An execution was placed in the hands of Robinson, sheriff of Talbot County, and by him turned over to Giddens, his successor. Giddens’ term expiring, the present sheriff, Matthis, was elected, and appointed Giddens his deputy. The execution which Giddens received, as sheriff, was not formally turned over by him to Matthis, but retaining it, as Matthis’ deputy, he collected the money due upon it. Matthis, the sheriff, was ruled for this money, and held liable. "We are invited by the bill of exceptions and writ of error to review that decision. We…
2Cases cited3 opinions
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- People v. KentMichigan Supreme Court · 1843
- Hazard v. IsraelSupreme Court of Pennsylvania · 1808
3Cited by5 opinions
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- Powell v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1932
- Southern States Phosphate & Fertilizer Co. v. ClarkCourt of Appeals of Georgia · 1917
- Johnson & Son v. Friedman-Shelby Shoe Co.Court of Appeals of Georgia · 1914
- Brett v. Jefferson County, Ga.District Court, S.D. Georgia · 1996