3 Ga. 1 | Ga. | 1847
By the Court
delivering the opinion.
An execution was placed in the hands of Robinson, sheriff of Talbot County, and by him turned over to Giddens, his successor. Giddens’ term expiring, the present sheriff, Matthis, was elected, and appointed Giddens his deputy. The execution which Giddens received, as sheriff, was not formally turned over by him to Matthis, but retaining it, as Matthis’ deputy, he collected the money due upon it. Matthis, the sheriff, was ruled for this money, and held liable. "We are invited by the bill of exceptions and writ of error to review that decision. We think the decision was right.
By the act of 1799, the sheriff is required, at the expiration
It is contended that, inasmuch as Giddens in this case, who was the predecessor of Matthis, did not, by indenture and schedule, turn this execution over to him, he, Matthis, is not liable to pay the money. In other words, he is only liable for himself and deputy for the execution of such writs and processes as came to him by indenture and schedule. We do not so think. The law does not inhibit the receipt of writs and processes by other modes. No matter how an execution comes into the possession of the sheriff, if he gets it at all, he is bound by the requirements of his office, by his oath, and by the obligations of his bond, to execute it; and if he fails to do so, or is guilty of misfeasance or default in any way, both he and his sureties are responsible. The object of the act of 1799 being as stated, the prescription of one mode of turning over, does not exclude others. 5 Gill & Johns. 406.
Again, it is said, that Matthis is not liable for the default of his deputy in this case, because the execution did not come into the possession of his deputy, through him. That is to say, he is liable for the acts of his deputy only upon such writs and processes as he delivers over to his deputy, and which came to him from his
Let the judgment of the Court below be affirmed.