Raiford v. Hyde
Supreme Court of Georgia
Possessory. Warrant against Sheriff. Decided by Judge Yason, Chambers, March, 1867. Eaiford, as Sheriff of Sumter County, levied an attachment in favor of Chas. T. Goodo vs. Thomas Y. Hyde, upon certain carpenters’ tools. While he had possession of the tools under that levy, James Hyde sent out a possessory warrant against Eaiford, claiming that he was entitled to the possession of said tools. The warrant was issued and the case tried by Judge Yasokt.
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Possessory. Warrant against Sheriff. Decided by Judge Yason, Chambers, March, 1867. Eaiford, as Sheriff of Sumter County, levied an attachment in favor of Chas. T. Goodo vs. Thomas Y. Hyde, upon certain carpenters’ tools. While he had possession of the tools under that levy, James Hyde sent out a possessory warrant against Eaiford, claiming that he was entitled to the possession of said tools. The warrant was issued and the case tried by Judge Yasokt. The evidence was a follows : James Hyde swore that said tools formerly belonged to the firm of Hyde Brothers, composed of himself and Thomas…
1Opinion of the CourtHarris, J.
Raiford, a Deputy Sheriff of Sumter County, levied an attachment on carpenters’ tools belonging to James Hyde, a person not a party to the proceeding. James Hyde sued out a possessory warrant against this officer, and the question made is, “ Is James Hyde entitled to this summary remedy against the officer ? ”. Upon examining carefully the Act of 1821, we cannot *95think that the Legislature ever contemplated that Sheriffs and Constables should be made, as such, in the discharge of their ministerial duties, amenable to this summary proceed* ing. To sanction it would be to sacrifice the interests…
2Cited by6 opinions
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