Howard v. Crawford
Supreme Court of Georgia
Debt, on Sheriff’s bond',, in Baker Superior Court. Tried’ before Judge Perkins, April Term, 1853. This was an action against tbe sureties upon a Sheriff’s bond, for the escape of a prisoner, in final execution for debt. Defendants pleaded, among other things, 1st. That the defendant in ea. sa. was insolvent, ■ at the time of the arrest and escape, and plaintiff was not damaged thereby. 2nd.
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Debt, on Sheriff’s bond',, in Baker Superior Court. Tried’ before Judge Perkins, April Term, 1853. This was an action against tbe sureties upon a Sheriff’s bond, for the escape of a prisoner, in final execution for debt. Defendants pleaded, among other things, 1st. That the defendant in ea. sa. was insolvent, ■ at the time of the arrest and escape, and plaintiff was not damaged thereby. 2nd. That plaintiff should have.sued the Sheriff first, before proceeding against his sureties. 3d. That the Acts of 13 Edw. I, and 1st Rich’d II, in reference- to escapes, were not in force in.Georgia. The…
1Opinion of the Court
By the Court.
Starnes, J.,
delivering the opinion.
This was an action on a Sheriff’s bond, for an escape, brought by authority of our Judiciary Act of 1799.
■ The only acts which, according to the view we take of the' evidence in this case, can- be relied upon as constituting an escape, are the acts of the jailer, (William Kendrick,) unless his *426acts, by implication, are. held to be those of the Sheriff, or unless the latter be held liable for constructive negligence. ■
We hold, of course, that misconduct' of the Sheriff, may consist as well in acts of omission or non-feasance, as in those of.…
2Cited by3 opinions
- Cochran v. WhitworthCourt of Appeals of Georgia · 1917
- Beckwith v. Rector, Wardens & Vestrymen of St. Philip's ParishSupreme Court of Georgia · 1882
- Harrell v. EmanuelCourt of Appeals of Georgia · 1921