Flury v. Grimes
Supreme Court of Georgia
County court. Officers. Levy. Execution. Before Judge Pottle. Hancock Superior Court. April Term, 1874. William A. Flury, as agent for his wife, Sarah F. Flury, sued out a distress warrant against Joseph Dickens et al. for $150 00. The judge of the county court who issued such process passed the following order: “GEORGIA — Hancock county: “The regular bailiff of the county court being'absent, I have appointed W. A. Flury as special bailiff in the emergency, to serve this…
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County court. Officers. Levy. Execution. Before Judge Pottle. Hancock Superior Court. April Term, 1874. William A. Flury, as agent for his wife, Sarah F. Flury, sued out a distress warrant against Joseph Dickens et al. for $150 00. The judge of the county court who issued such process passed the following order: “GEORGIA — Hancock county: “The regular bailiff of the county court being'absent, I have appointed W. A. Flury as special bailiff in the emergency, to serve this warrant and levy the same, and have sworn him to the due and legal performance of his duty as such, this 14th November,…
1Opinion of the Court
McCay, Judge.
The position of Flury to the record in the case is peculiar. Under our law, a distress warrant may be sued out by an agent of the landlord, and upon his, the agent’s, affidavit. Is it competent for the judge of the county court to appoint as a bailiff to execute the warrant this very same agent in whose name and on whose oath the warrant issues. The law does not, in terms, prescribe any .qualifications of a special bailiff. The act of 1871 (Code, section 289,) simply declares that, in case the regular bailiff is sick, etc., the judge may appoint a special bailiff, who may, if he…
2Cited by9 opinions
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- State v. JeterSupreme Court of Georgia · 1878
- Abrams v. AbramsSupreme Court of Georgia · 1977
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