Strickland v. Strickland
This text of 100 S.E. 230 (Strickland v. Strickland) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Where a constable is specially deputized by the sheriff and sworn in for the purpose of serving a particular writ, he becomes a de facto deputy sheriff, and service by him is legal. Twiggs v. Hardwick, 61 Ga. 273; Hinton v. Lindsay, 20 Ga. 746; Blount v. Wells, 55 Ga. 282. See also Hartshorn v. Bank, 15 Ga. App. 173 (82 S. E. 805), where it is held that when a constable, although irregularly appointed or qualified as a deputy sheriff, assumes to act as a lawful deputy sheriff, his acts are those of a de facto officer, and therefore legal.
The court did not err in refusing to dismiss the levy:
Judgment affirmed.
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Cite This Page — Counsel Stack
100 S.E. 230, 24 Ga. App. 200, 1919 Ga. App. LEXIS 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-strickland-gactapp-1919.