124 Ga. 990 | Ga. | 1906
(After stating the facts.)
In Alabama a different rule seems to prevail. McMahan v. Colclough, 2 Ala. 70; Kyle v. Evans, 3 Ala. 482. Mr. Freeman, after referring to these cases (1 Free. Ex. (3d ed.) §23), says: “But it seems to us that a general authority to issue execution can not be delegated except where the lavf authorizes the appointment of a deputy and such appointment has been made; and that the cases referred to go no further than to sustain executions issued so directly under the eye and control of the officer that they must be treated as his acts.”
In some of our more populous counties many executions are issued, and it would be an exceedingly dangerous practice to have them signed, not by the clerk or by a deputy as such, so that on their face they would show by whom they were signed, but by any person to whom the clerk might give oral authority to sign his name in his absence, or for them to purport to be signed by the clerk in different handwriting. If there be any such practice in any county or counties in this State, as was contended, it is “a custom more honored in the breach than the observance,” and should not be followed further. The court correctly excluded the execution from evidence. On the general subject see Pierce v. Hubbard, 10 Johns. (N. Y.) 404; Shepherd v. Lane, 2 Dev. L. (N. C.) 148.
Judgment affirmed.