113 Ga. 93 | Ga. | 1901
An execution issued from a justice’s court in Richmond county in favor of James A. Harley against Emma P. Burge. After an entry of nulla bona in Richmond county, the execution
Going back to a still earlier date, we find that Mr. Blackstone, in the fourth book of his Commentaries, *292, in discussing “backing ” warrants issued by justices of the peace, says: “ A .warrant of a justice of the peace in one county, as Yorkshire, must be backed, that is, signed by a justice of the peace in another, as Middlesex, before it can be executed there. Formerly, regularly speaking, there ought to have been a fresh warrant in every fresh county; but the practice of backing warrants had long prevailed without law, and was at last authorized by statute 23 George II, c. 26, and 24 George II, c. 55.” Deferring to the statute 23 George II, we find that it is provided that in case any person against whom a warrant shall be issued by any justice of the peace in the county, division, etc., shall go into, reside, or be -in any other county, division, city, etc., out of the jurisdiction of the justice granting the warrant, “ it shall and may be lawful for any justice or justices of the peace of the county, . . division, city, . . where such person shall
The assignment of error to the ruling of the trial judge in directing the jury to find a verdict for the plaintiff was pertinent and legal, under the authority of Phillips v. Southern Railway Co., 112 Ga. 197. Judgment affirmed.