Rutledge v. Bullock
Supreme Court of Georgia
Jurisdiction of Judge of Superior Court. Before Judge Hopkins. DeKalb County, Chambers. Eebruary, 1871. Hardin stood the security of Rutledge for his appearance to answer for an assault. At September Term, 1869, Rutledge did not appear, and a rule nisi for forfeiture of the bond was taken.
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Jurisdiction of Judge of Superior Court. Before Judge Hopkins. DeKalb County, Chambers. Eebruary, 1871. Hardin stood the security of Rutledge for his appearance to answer for an assault. At September Term, 1869, Rutledge did not appear, and a rule nisi for forfeiture of the bond was taken. Scire facias was issued and served in December, 1869, returnable to the .next term of the Court in March, 1870. On the 3d of January, 1870, Judge Pope then Judge of the Superior Court of said county, resigned, and his vacancy was not filled by appointment till August 1870. Judge Pope, before resigning, had…
1Opinion of the Court
Warner, Judge.
This case came before the Court below on an affidavit of illegality to an execution which was issued on a judgment of a forfeited recognizance rendered against the defendants at the March Term, 1870, of DeKalb Superior Court. The main ground of illegality taken by the defendants in the affidavit, was that there was no Judge in the Atlanta Circuit, and that the Court was held by Judge Parrott, a Judge of another Circuit, who had no legal right or authority to hold the Court and render the judgment in said case under the following agreed statement of facts: “ That Judge Pope, the…
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