Faircloth v. Freeman
Supreme Court of Georgia
Certiorari, in Baker Superior Court. Decision by Judge Warren, June Term, 1851. To a rule nisi granted by the Justice’s Court of the 945th District G. M. against Thomas Freeman, former Constable, to show cause why he should not pay over to Reddin Faircloth, guardian, the amount due on a ca. sa. against David Ham, placed in his hands, Freeman made as his return— “ That he arrested David Ham under the ca. sa. and took from him in good faith, and without any intention to injure…
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Certiorari, in Baker Superior Court. Decision by Judge Warren, June Term, 1851. To a rule nisi granted by the Justice’s Court of the 945th District G. M. against Thomas Freeman, former Constable, to show cause why he should not pay over to Reddin Faircloth, guardian, the amount due on a ca. sa. against David Ham, placed in his hands, Freeman made as his return— “ That he arrested David Ham under the ca. sa. and took from him in good faith, and without any intention to injure the plaintiff, the following bond: Georgia, Baker County. Know all men by these presents, that we, David Ham and --,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The Constable was clearly liable in this case. Upon the arrest of the defendant in execution, it was his duty to keep him safely in custody, unless he should give bond and security, payable to the plaintiff, in double the amount of the debt, conditioned for his appearance at the next term of the Inferior Court, to be held in and for the County in which the ca. sa. was obtained, then and there to stand to and abide by such proceedings as might be had by the Court in relation to his taking the benefit of the Act for the relief of insolvent…
2Cases cited1 opinion
- Colley v. MorganSupreme Court of Georgia · 1848
3Cited by1 opinion
- Beall v. FrancisSupreme Court of Georgia · 1927