Miller v. Gay

Lumpkin, Justice.

In the case of Herrington v. Block, ante, 236, this court held that where the validity of a judgment for money rendered in a lower court was directly involved in a certiorari pending in the superior court, it was within the power of the judge of the latter court to pass an order directing the sheriff to suspend all further proceedings upon an -execution issued upon the judgment under review. A disregard by the sheriff of such order would, of course, put him in contempt of the superior court.

The case now in hand is of an altogether different character. In it, it appears that…