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7 Ga. 187

Duncan v. Webb

Supreme Court of Georgia

Decided July 15, 1849

Supreme Court of Georgia · decided 1849-07-15

Fi. fa. and claim, in Randolph Superior Court. Tried before Judge Warren, April Term, 1849. A fi. fa. in favor of James E. Duncan against Lemuel Webb, was levied on a tract of land as the property of defendant, 26th May, 1846, to wliich a claim was interposed by Richard Foster.

Cited by 2 later decisions — most recently August 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-07-15

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¶1By the Court. —

Lumpkin, J.

¶2delivering the opinion.

¶3[1.] The execution tendered in evidence by the plaintiff, was rejected by the Circuit Judge, on the ground that the return required by the Act of 1823 should be made either by the Sheriff of the County where the defendant resides, or where the judgment was obtained. The language of the Statute is, that the entry shall be made by “ the proper officer for executing and returning the same.” Prince, 458. It is clear that the Act itself contains no such restriction. The fieri facias is directed “ to all and singular, the Sheriffs of the State.” It would seem, therefore, that it was competent for the Sheriff of any County in Georgia to make the return required by the Act to keep the execution alive.

¶4*189[2.] If the officer makes a false or fraudulent return, he is liable to answer in damages to any person who -may be injured by his misconduct.

¶5Upon this ground the judgment below must be reversed.

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