Foster v. Justices of the Inferior Court
Supreme Court of Georgia
Rule, in Cherokee Superior Court. Decided by Judge Hooper, September Term, 1850. This was a rule against the Sheriff to pay over certain money arising from the sale of the property of one H. H. Waters. The money was claimed by the Justices of the Inferior Court, on a fi. fa. issued by said Court, in 1845, against Waters, for a balance in his hands as County Treasurer.
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Rule, in Cherokee Superior Court. Decided by Judge Hooper, September Term, 1850. This was a rule against the Sheriff to pay over certain money arising from the sale of the property of one H. H. Waters. The money was claimed by the Justices of the Inferior Court, on a fi. fa. issued by said Court, in 1845, against Waters, for a balance in his hands as County Treasurer. Ira R. Foster claimed the money on a fi. fa. of younger date, and contended that the fi. fa. from the Inferior Court was void. It appeared that no order of the Inferior Court, directing their Clerk to issue the fi. fa. was on…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The only question involved in this case, is the validity of the execution issued against Waters, as County Treasurer of Cher*187okee County. Two of the objections taken to the execution are, in our judgment, fatal to it.
[1.] The first section of the Act of 1825, authorizing the appointment of a County Treasurer, declares, “ That he shall, before he enters upon the duties of his office, give bond,-with security, to the Justices of the Inferior Court, for the faithful discharge of his duty, in such sum as they shall prescribe, not less than double the…
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