Public-domain · open source
OpenJurist

20 Ga. 598

Abbott v. Holland

Supreme Court of Georgia

Decided August 15, 1856

Supreme Court of Georgia · decided 1856-08-15

Rule, in Coweta Superior Court. Decided by Judge Hammond, March Term, 1856. At the December Term, 1855, of the Justice’s Court for the 992d district, Coweta County, James II. Holland ruled Obadiah Abbott, a Constable for said district, alleging in his rule nisi that ho had placed ea. sas. against one George W. Mirick in the hands of said Constable, who failed to execute the same.

Decided 1856-08-15

¶1By the Court.

Benning, J.

¶2delivering the opinion.

¶3[1.] The question in this case is, whether a Constable who has arrested the defendant in a ca. sa. is liable to a rule for an escape, if the defendant has been rescued from him by a “mob?” The Court below held that a Constable is; and this decision, as we think, was right.

¶4The only sort of rescue which, it seems, will excuse the Sheriff from not bringing in the body of a defendant whom he has arrested on a ca. sa. is that which is by the “King’s enemies.” A rescue by “rebels” or “traitors” will not do. Much less, therefore, will a rescue by a mob do. (Sewall on Sh'ff 388-'9; Bac. Abr’g’t “Escape;” Com. Dig. “Rescon’s” (D. 7.)

¶5A Sheriff, by the Judiciary Act of 1799, may be ruled for an escape. (Cobb’s Dig. 1142.)

¶6And by an Act of 1812, “ Constables shall be subject to be ruled by their respective Justice’s Courts,” “ under the same regulations as are pursued in the Superior Court in relation to offiesrs of said Court.” (Cobb’s Dig. 649.)

/20/ga/598 · .json · Public domain