Crawford ex rel. Stanford v. Word
Supreme Court of Georgia
Debt on Sheriff’s bond, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. This was a suit on the bond of Charles B. Word, former Sheriff of Habersham County. The breach was, the failure to pay the amount of a fi.fa. in favor of John R. Stanford against Lewis Levy, upon an order absolute of the Inferior Court, commanding him so to do, he having failed to collect the same.
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Debt on Sheriff’s bond, in Habersham Superior Court. Tried before Judge Dougherty, April Term, 1849. This was a suit on the bond of Charles B. Word, former Sheriff of Habersham County. The breach was, the failure to pay the amount of a fi.fa. in favor of John R. Stanford against Lewis Levy, upon an order absolute of the Inferior Court, commanding him so to do, he having failed to collect the same. Upon the trial, the rule absolute against the Sheriff, was in evidence before the Jury. Defendants then offered in evidence fi.fas. vs. Levy, to a large amount, unsatisfied, to show his insolvency;…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
The Sheriff having failed to levy the execution of Stanford, against Levy, and a rule absolute having been granted against him, for the amount of the plaintiff’s debt, in consequence of this neglect of duty, the question submitted to us is, whether or not it is allowable for the securities, in áii action against them, on the bond, to show1 in mitigation of damages, that there were, at the time, outstanding fi. fas. against the defendant, of an older date than plaintiff’s, amounting to $3,000 and upwards; and as was demonstrated by the sale…
2Cases cited1 opinion
- Earl v. Camp & StoneNew York Supreme Court · 1837
3Cited by10 opinions
- Talmadge v. McDonaldCourt of Appeals of Georgia · 1932
- Graves v. BulkleySupreme Court of Kansas · 1881
- McWhorter v. Chattooga CountySupreme Court of Georgia · 1922
- Watts v. ColquittSupreme Court of Georgia · 1881
- Beck & Gregg Hardware Co. v. KnightSupreme Court of Georgia · 1904
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