27 Ga. App. 480 | Ga. Ct. App. | 1921
(After stating the foregoing facts.)
Keduced to its last analysis, the position of the sheriff, the plaintiff in error, before this court is that the order passed by the trial court, requiring him to accept the bond and deliver possession of the automobile to the intervenor, was without authority of law and was therefore nugatory, and that his failure to comply therewith did not subject him to attachment for contempt. This court does not agree with the position of the plaintiff in error. It is of the opinion that the sheriff, as the ministerial officer of the court, has no right to question the validity of an order passed by the court in a case in which the court has unquestionably unlimited jurisdiction. The superior courts of this State, under the constitution and laws, have jurisdiction of all suits in cases of a civil character. The superior court of Forsyth county had jurisdiction both of the parlies and the subject-matter of the case involving the seizure and title to the automobile in question, and any order passed by the judge of that court was within its jurisdiction, although the order might have been erroneous, and the only question for the sheriff, who was a party to the suit as well as a ministerial officer of the court, was one of obedience. The jurisdiction of a court depends upon its right to decide a case, and never upon
To sum up the whole matter, it is perfectly clear and well set-
Judgment affirmed.