Cherry v. Ware
Supreme Court of Georgia
Landlord and tenant. Homestead. Practice in the Supreme Court. Before Judge Simmons. Bibb Superior Court. April Term, 1879. After the argument of this case was concluded, and the decision of the court made up, though not delivered, counsel tor plaintiff asked permission to withdraw the writ of error. This the court refused to permit. See 41 Ga., 523. The facts are sufficiently reported in the opinion.
1Opinion of the Court
Warner, Chief Justice.
This was a rule against the sheriff of Bibb county, calling upon him to show cause why he should not be attached for contempt for failing to execute a warrant placed in his hands in favor of Elizabeth Ware against David D. Craig, which warrant was issued against the said Craig as a tenant of the said Elizabeth Ware holding over, under the provisions of the 4077th section of the Code. Upon the hearing of the rule and the sheriff’s answer thereto, the court ordered that the rule be made absolute so far as that the sheriff was thereby ordered and directed to proceed to…
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