57 Ga. 420 | Ga. | 1876
The defendant was indicted for the offense of malpractice in office as a justice of the peace, and on his trial therefor, was found guilty. The defendant made a motion in arrest of judgment, and also a motion for a new trial, on the several grounds therein set forth, both of which motions were overruled by the court, and the defendant excepted.
The malpractice in office, with which the defendant is charged, consists in his issuing an execution against the plaintiff, in a possessory warrant case tried before him, for the sum of $> 14 75, after deciding that the plaintiff was entitled to the possession of the property, and causing the same to be levied on the plaintiff’s property to enforce the collection of said costs, and in directing Crean, a constable, to make a return on a ji. fa. issued against Jones, the defendant, in said possessory warrant case for said costs, that he could not find any property of Jones to levy on to satisfy it, when the said plaintiff offered to point out property of Jones sufficient, and liable thereto, to satisfy the same, and in refusing to order the property to be turned over to the plaintiff until said costs were paid, etc.
■
Let the judgment of the court below be reversed.