Georgia Reports Volume 2

Georgia Reports Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 edition. Excerpt: ...against an action at the instance of the debtor, who not being a party to the rule, or the judgment thereon, is therefore not bound by it. Coke Litt. 2276; 1 Starkie on Ev. 217; and per Ch. J. DeG'rey in the Dutchess of Kingst0n's case; Bradshaw vs. Heath, 13 ll/lend. R. 415; Aldrich vs. Kermey, 4 Conn, R. 380. Fifth. The Sheriff incurs risk necessarily, and it is for the public benefit. The law compensates for the responsibility which the Sheriff incurs, rather than for the labour he is bound to perform. The law never subjects a party to responsibility without security against the risk, or compensation for incurring it. Sec Judge Berrien's decision, R. lll. Charlton R. 25; also, sec Alchin vs. Wells, 5 Term R. 470; Bullen vs. Ansley, 6 Esp. R. 111; Rawstorne vs. Wilkinson, 4 Maule & Sel. R. 256; Taylor vs. Ward, Tidd's Prac. HAMMONn, for the defendants in error, replied. By the Cowrt--WARNER, J. delivering the opinion. 1. It appears from the record in this case, that a rule was taken in the Court below, calling upon the Sheriff to show cause why he should not pay over to the defendants in error the balance of the money remaining in his hands, arising from the sale of certain negroes, made under attachments which had been levied thereon. The Sheriff resisted the rule, on the ground that he was entitled to retain the money in his hands for fees for dieting the negroes, claiming therefor the sum of $807 62. The defendants in error insisted that the Sheriff had been paid for keeping the negroes, by their work and labour while in his possession. Whereupon an issue was directed by the Court, to be tried by a jury as to that fact. On the trial of that issue, the Court below charged the jury, "that if they believed, ...
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Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • United States
  • English
  • black & white illustrations
  • 1236944399
  • 9781236944399