Robinson v. Towns
Supreme Court of Georgia
Action on Sheriff’s Bond, in Muscogee Superior Court. Tried before Judge Worrill, at May Term, 1859. The defendants in error brought suit on the bond of Seymour R. Bonner, deceased, late Sheriff of Muscogee county, against Alexander J. Robinson, his administrator, and the administrators of the securities to said bond; alleging that Bonner had collected money on a fi. fa. in favor of said defendants in error against Thomas Moore and had failed to account for it.
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Action on Sheriff’s Bond, in Muscogee Superior Court. Tried before Judge Worrill, at May Term, 1859. The defendants in error brought suit on the bond of Seymour R. Bonner, deceased, late Sheriff of Muscogee county, against Alexander J. Robinson, his administrator, and the administrators of the securities to said bond; alleging that Bonner had collected money on a fi. fa. in favor of said defendants in error against Thomas Moore and had failed to account for it. To this action, pleas of the general issue, payment, etc., were filed, and that the securities were discharged, because the…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. We think that the Court properly excluded the entries which the defendants desired to have read in evidence. None of them tended to show a discharge of the sheriff from his liability to pay over to the plaintiffs in execution the money which he had collected for them before their assignment of the judgment. The entry which was chiefly urged as a proper one to have gone in evidence, was the assign*822ment itself. It was said that the plaintiffs could not maintain the suit, because they had parted with their interest by the assignment. They did…
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