Albert v. Howell

Decided March 15, 1861

Supreme Court of Georgia · decided 1861-03-15

Buie against a Justice of the Peace, in Fulton Superior Court.' Decided by Judge Bull, at October Term, 1860. John F. Albert, in his official character as Justice of the Peace of.the 530th district, Georgia Militia, of Fulton county, collected and received for the, plaintiff the sum of $70 00 principal and $3 61 interest up to 28th of April, 1860, on a fi. fa. in favor of Humphrey P. Howell, against Joseph Reeves, and Claiborne Hawes security.

Cited by 2 later decisions — most recently December 1951

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-03-15

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¶1By the Court.

Lumpkin, J.,

¶2delivering the opinion.

¶3Conceding that the alleged contract between the creditor and magistrate was valid and could be enforced, and would constitute, therefore, a good bar to the further prosecution of the creditor’s rights, it was too vague and uncertain. For what length of time did it operate ? Has the time elapsed ? Was it to extinguish the judgment; or was it only at the rate of ten per cent, on the amount collected, so long as Howell might suffer it to remain in the hands of the Justice of the Peace?

¶4We are satisfied that the return is too indefinite to be traversed.

¶5Let the judgment be affirmed.