Varner v. Wootten
Supreme Court of Georgia
Rule against sheriff. Decided by Judge Harrell. Randolph Superior Court. November Term, 1868. Wootten, at November Term, 1866, of said Court, ruled Varner, who had been a deputy sheriff, for not paying the principal and interest on ají. fa. in Wootten’s favor against oneHockstetter, which Varner had had for collection..
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Rule against sheriff. Decided by Judge Harrell. Randolph Superior Court. November Term, 1868. Wootten, at November Term, 1866, of said Court, ruled Varner, who had been a deputy sheriff, for not paying the principal and interest on ají. fa. in Wootten’s favor against oneHockstetter, which Varner had had for collection.. At-May Term, 1867, he answered, stating that the sales of Hockstetter’s property amounted to $605 00, that Davis, who was sheriff, held $355 00 of that amount, that $103 37 was applied to costs of attachments against said defendant, and that he held the balance. At November…
1Opinion of the CourtBrown, C. J.
The facts in this case show, and it was so admitted in the argument in this Court, that Varner, the deputy sheriff, had paid over all the money collected by him. Part of it was applied to the payment of costs, and the balance was paid to the sheriff, whose deputy he was, and to the plaintiff’s attorney. In this state of the case we hold that he, as deputy sheriff, was no longer liable to rule.
By section 3883 of the Revised Code, deputy sheriffs are liable to rule and attachment in the same manner as sheriffs. But this can only apply when they have funds which they have collected, and which…
2Cited by1 opinion
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