51 Ga. 314 | Ga. | 1874
The plaintiff obtained a rule against the sheriff of Wilkes county calling upon him to show cause Avhy he should not pay to the plaintiff the amount of two executions issued on two judgments against Worthen, thé defendant therein, one of which AA7as obtained in 1860, the other in 1867. The sheriff made his return to the rule, in' Avriting, which was sworn to, and not traversed by the plaintiff. The court, after hearing and considering the sheriff’s ansAver to the rule, discharged the same. Whereupon the plaintiff excepted.
Did the sheriff, by suspending the sale of the land and returning the affidavit of illegality to the court for its judgment, under the statement of facts disclosed in his answer, subject himself to be attached for contempt of court in failing to execute the process of the court ? By the 3949th section of the Code it is declared that the sheriffs of this state shall be liable to an action on the case, or an attachment for contempt of court, at the option of the party, whenever it appears that such sheriffs have injured such party, either by a false return or by neglecting to arrest a defendant, or to levy
Let the judgment of the court below be affirmed.