6 Ga. 260 | Ga. | 1849
By the Court.
delivering the opinion.
Besides, this bond is authorized by law. It is taken by the Sheriff for the benefit of the plaintiff. The claimanthad no right to exact a condition not authorized by the Statute; and as against the plaintiff in they?, fa. and the obligee in the bond, we should be inclined to declare it void.
The execution was levied the 12th of August, 1842. The bond was executed the 1st day of November thereafter. And Mapp, the claimant, swears that he had sold the negroes to Amos W. Hammond, about a month before that time. Did not this dispense with the necessity of a demand, even if the terms of the bond had required it? Jones vs. Barkley, Douglas, 684.
The Legislature could have done no more to expedite and cheapen litigation. It only remains for the Courts to co-operate cordially with the law-making power, in the accomplishment of these great objects, by giving to this Acta liberal construction.
The judgment must consequently be reversed, and the cause remanded.