Bothwell v. Sheffield

Supreme Court of Georgia

Bothwell v. Sheffield

8 Ga. 569

CourtSupreme Court of Georgia

DecidedJuly 15, 1850

DocketNo. 98

StatusPublished

Cited by3 cases

This text of 8 Ga. 569 (Bothwell v. Sheffield) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bothwell v. Sheffield, 8 Ga. 569 (Ga. 1850).

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Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

We concur fully in the judgment of the Circuit Court, that the securities have a plain and adequate remedy at Common Law. Whenever, by previous recovery, the penalty of the Sheriff’s bond has been exhausted, they can plead this fact,' and protect themselves from further liability ; and this being the case, it would be unjust to the more vigilant suitors who have been aggrieved or injured by the official misconduct of the Sheriff, to restrain them from prosecuting their rights at law. Acts of 1847, p. 201.

Judgment affirmed.

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By the Court.

Lumpkin, J.

delivering the opinion.

We concur fully in the judgment of the Circuit Court, that the securities have a plain and adequate remedy at Common Law. Whenever, by previous recovery, the penalty of the Sheriff’s bond has been exhausted, they can plead this fact,' and protect themselves from further liability ; and this being the case, it would be unjust to the more vigilant suitors who have been aggrieved or injured by the official misconduct of the Sheriff, to restrain them from prosecuting their rights at law. Acts of 1847, p. 201.

Judgment affirmed.

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Bluebook (online)

8 Ga. 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bothwell-v-sheffield-ga-1850.

Opinion

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