Field v. Putman
Supreme Court of Georgia
Certiorari, in Forsyth Superior Court. Decision by Judge Triple, at September Term, 1856. William G. Field, the plaintiff in error, had been arrested by capias ad satisfaciendum, issued against him at the suit of Willis Putman; he gave bond and security for his appearance, to take the benefit of the honest debtors’ act of 1S23. At the term of the Court to which he was required to appear, not availing himself of the provisions of said act, he was surrendered by his sureties,…
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Certiorari, in Forsyth Superior Court. Decision by Judge Triple, at September Term, 1856. William G. Field, the plaintiff in error, had been arrested by capias ad satisfaciendum, issued against him at the suit of Willis Putman; he gave bond and security for his appearance, to take the benefit of the honest debtors’ act of 1S23. At the term of the Court to which he was required to appear, not availing himself of the provisions of said act, he was surrendered by his sureties, and the Court made an order that he be imprisoned in the common jail of Forsyth county, until he make a disclosure of…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
The first question to be considered in this case is, ought the certiorari to have been dismissed ?
[1.] It is insisted thát it should have been, because not taken out in conformity with the 54th section of the Judiciary Act of 1799. That section provides that, “when either party in any cause shall take exceptions to any proceedings in any *95■case affecting the real merits of such cause, the party making the same shall offer such exceptions in writing, which shall be signed by himself or his attorney; and if the same shall be overruled by the Court,…
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