Blount v. Wells
Supreme Court of Georgia
County Court. Clerk. Attorney at law. Execution. Before Judge Wright. Decatur Superior Court. May Term, 1875. Wells, for use, etc., recovered a judgment against Blount in ' the county court for Decatur county, established by the act of 1866. Sims & Crawford represented him as attorneys. W. H. Crawford, of said firm, was also clerk of the county court. He signed and issued the execution based upon the aforesaid judgment.
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County Court. Clerk. Attorney at law. Execution. Before Judge Wright. Decatur Superior Court. May Term, 1875. Wells, for use, etc., recovered a judgment against Blount in ' the county court for Decatur county, established by the act of 1866. Sims & Crawford represented him as attorneys. W. H. Crawford, of said firm, was also clerk of the county court. He signed and issued the execution based upon the aforesaid judgment. Upon the levy of this fi, fa., the defendant set up, by affidavit of illegality, that Crawford, being the plaintiff’s attorney in said case, was not competent, as clerk, to…
1Opinion of the Court
Bleckley, Judge.
This execution was from the county court provided for by the act of 1866. Section seventli of that act creates the office of clerk, and' lays no restriction upon his practicing law. Neither thejudiciafy act of 1799, Cobb’s Digest, 574, nor the Code, section 256, applies to him. The county court act was complete in itself as to the clerk. Other legislation need not be referred to, to find out what he can or cannot do, further than the act makes the reference by its own terms. Besides, as the clerk was an officer defacto, a ministerial act performed by him as such is valid : See…
2Cited by5 opinions
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- Strickland v. StricklandCourt of Appeals of Georgia · 1919