Rutherford v. Dixon
Supreme Court of Georgia
Assumpsit, in Muscogee Superior Court. Decision by Judge Worrill, November Term, 1856. This was an action by Adolphus S. Rutherford, who, at the time of the issuing of the writ, was sheriff of Muscogee county, against Robert E. Dixon, administrator, &c. Before going into the trial, defendants counsel made a motion to dismiss the case, on the ground that the process was not directed to the Coroner of said county, and the sheriffs of the adjoining counties.
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Assumpsit, in Muscogee Superior Court. Decision by Judge Worrill, November Term, 1856. This was an action by Adolphus S. Rutherford, who, at the time of the issuing of the writ, was sheriff of Muscogee county, against Robert E. Dixon, administrator, &c. Before going into the trial, defendants counsel made a motion to dismiss the case, on the ground that the process was not directed to the Coroner of said county, and the sheriffs of the adjoining counties. Plaintiff’s counsel moved to amend so as to insert the words “ and to the sheriffs of the adjoining counties.” The 'Court refused to allow…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
It was stated in the argument in this Court, and admitted as a fact, that the sheriff of the county of Muscogee was interested in this case. The process was directed to the Coroner of the county. When the cause was called for trial, the defendant’s 'counsel moved to dismiss it, because the process was not directed to the Coroner of Muscogee county, and the sheriff of the adjoining counties. The plaintiff’s counsel moved to amend the process by adding the words “ and to the sheriffs of the adjoining counties.” The Court below refused to allow the…
2Cited by1 opinion
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