Colley v. Morgan
Supreme Court of Georgia
Rule against the former Sheriff. Baker Superior Court, before Judge Warren, May Term, 1848. A Capias ad satisfaciendum, sued out in the Court below, at the instauce of the defendant in error, against one William Brocket!, for the sum of one hundred and seventy-five dollars, besides interest and costs, was placed in the hands of the plaintiff in error as sheriff, to be by him executed and returned, as -such sheriff.
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Rule against the former Sheriff. Baker Superior Court, before Judge Warren, May Term, 1848. A Capias ad satisfaciendum, sued out in the Court below, at the instauce of the defendant in error, against one William Brocket!, for the sum of one hundred and seventy-five dollars, besides interest and costs, was placed in the hands of the plaintiff in error as sheriff, to be by him executed and returned, as -such sheriff. The ca. sa. was issued on the 22d day of December, 1847, and by the return of the plaintiff in error, appears to have been executed by him on the 4th day of January, 1848. It…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
By the Judiciary Act of 1799, it is declared, “ the sheriff shall be liable, either to an action on the case, or an attachment for’’’ contempt of Court, at the option of the party, whenever it shall *184appear that he hath injured such party, either by false returns, or by neglecting to arrest the defendant, or to levy on his property, or to pay over to the plaintiff or his attorney, the amount of any sales which shall be made under, or by virtue of any execution, or any moneys collected by virtue thereof.” Prince, 431. An attachment for contempt was…
2Cases cited1 opinion
- Williams v. CoggeshallMassachusetts Supreme Judicial Court · 1851
3Cited by2 opinions
- Wall v. MountSupreme Court of Georgia · 1905
- Faircloth v. FreemanSupreme Court of Georgia · 1851