Strickland v. Strickland

Court of Appeals of Georgia

Strickland v. Strickland

100 S.E. 230, 24 Ga. App. 200, 1919 Ga. App. LEXIS 499

Court of Appeals of Georgia·Decided September 20, 1919·No. 10157·Published·Cited by 1 cases

Opinion

Peb Curiam.

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.

Broyles, P. J., Bloodioorth and Stephens, Jj., concur.

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Peb Curiam.

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.

Broyles, P. J., Bloodioorth and Stephens, Jj., concur.

Strickland v. Strickland, 100 S.E. 230, 24 Ga. App. 200, 1919 Ga. App. LEXIS 499 (Ga. Ct. App. 1919).

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Opinion

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