Wilson v. Ray

Decided January 15, 1807

Chatham Superior Court, Ga. · decided 1807-01-15

Proceedings removed into the Superior Court by cer-tiorari . It appears, from the proceedings in this case, that an attachment was issued on the 3d ot February, 18Ó2, and by a return of the sheriff, that he did attach some dry goods, and a negro boy, and served J. M Mounox (a garnisher) with a copy on the same day.

Decided 1807-01-15

Per Jones, Judge.

¶1Upon the first view of this case, I was inclined to believe, that the inferior court could not authorise the amendment; but the statute of jeofails, 21 Jac. 1. c. 13, and the subsequent statutes extend to all courts of record. I am, therefore, after mature consideration, of opinion, that, under all the circumstances of the case, the additional return of the late sheriff Norton, ought to be received, and that the plaintiff should be permitted to proceed.

¶2Proceedings removed.

¶3Stites, in support of the certiorari.

¶4Davis and Berrien, against it.