Towns ex rel. Clayton v. Springer
Supreme Court of Georgia
Rule absolute for a new trial. Granted by Judge Stark, at July Term, 1850, of Bibb Superior Court. The plaintiff instituted an action of debt against the defendant upon his bond, as former Sheriff of Bibb County, for the recovery of money alleged to have been collected by the defendant, as Sheriff, upon a mortgage fi.fa. issued from the Inferior Court of said County, in favor of the usee, against one James T. Rivers, for the sum of three hundred and fifty dollars, principal,…
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Rule absolute for a new trial. Granted by Judge Stark, at July Term, 1850, of Bibb Superior Court. The plaintiff instituted an action of debt against the defendant upon his bond, as former Sheriff of Bibb County, for the recovery of money alleged to have been collected by the defendant, as Sheriff, upon a mortgage fi.fa. issued from the Inferior Court of said County, in favor of the usee, against one James T. Rivers, for the sum of three hundred and fifty dollars, principal, and sixteen dollars and thirty-three cents, interest,, up to the 1st day of May, 1838. The causé came on to be tried…
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
[1.] It appears from the statements in the plaintiff’s declaration, that the fi.fa. upon which the rule against the Sheriff was moved, issued upon the foreclosure of a mortgage, and was. re*132turnaile to the Inferior Court. The rale was moved before the Superior Court, and was there made absolute. The question is, was that order absolute or judgment of the Superior Court admissible on the trial, to charge the surety of the Sheriff. We think it was not, because it is a mere nullity. It is a nullity, because the Court which rendered it had no…
2Cases cited1 opinion
- Ex Parte KearneySupreme Court of the United States · 1822
3Cited by24 opinions
- Dix v. DixSupreme Court of Georgia · 1909
- Milner v. GatlinSupreme Court of Georgia · 1912
- Jones v. JonesSupreme Court of Georgia · 1936
- Haygood v. HaygoodSupreme Court of Georgia · 1940
- Head v. BridgesSupreme Court of Georgia · 1881
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