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Call Now: 904-383-7448The powers and duties of constables include the following:
(Code 1981, §15-10-102, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15.)
- In light of the similarities of the statutory provisions, decisions under former Ga. Code 1882, § 3577, former Code 1895, §§ 4165, 4167 and 4891, former Code 1910, § 4765, former Code 1933, §§ 24-815, 24-1413 and 24-1419, and former Code 1873, § 465 are included in the annotations for this Code section.
Constable who seizes property not subject to execution because of lack of jurisdiction of court is trespasser. Holton v. Taylor, 80 Ga. 508, 6 S.E. 15 (1888)(decided under former Ga. Code 1882, § 3577); Blocker v. Boswell, 109 Ga. 230, 34 S.E. 289 (1899)(decided under former law); Hamer v. White, 110 Ga. 300, 34 S.E. 1001 (1900) (decided under former law).
- Whether or not places where notices were published were public places is question of fact to be determined by the jury. O'Neill Mfg. Co. v. Harris, 127 Ga. 640, 56 S.E. 739 (1907) (decided under former Code 1895, § 4165).
Secondary evidence of the advertisement is admissible, without directly accounting for the loss of the original advertisement. Hogan v. Morris, 7 Ga. App. 232, 66 S.E. 550 (1909) (decided under former law).
Constable permitted to testify as to contents of advertisement after proof of advertisement's loss. Bowman v. Kidd, 13 Ga. App. 351, 79 S.E. 167 (1913) (decided under former Code 1910, § 4765).
Agent of plaintiff should not be appointed to serve process. Flury v. Grimes, 52 Ga. 341 (1874) (decided under former law).
If constable fails to account for proceeds of notes, the constable is liable to rule. Meeks v. Carter, 5 Ga. App. 421, 63 S.E. 517 (1909) (decided under former law).
City court does not have jurisdiction of rule against constable of a justice's court (now magistrate court) to require the constable to pay over money alleged to have been collected under an execution issued from a justice's court (now magistrate court). Richardson v. Waits, 58 Ga. App. 143, 198 S.E. 116 (1938) (decided under former Code 1933, § 24-815).
Cited in Bennett v. McConnell, 88 Ga. 177, 14 S.E. 208 (1891); Hatton v. Brown, 1 Ga. App. 747, 57 S.E. 1044 (1907); Rhodes & Sons Furn. Co. v. Jenkins, 2 Ga. App. 475, 58 S.E. 897 (1907); Peterson v. General Shoe Corp., 115 Ga. App. 12, 153 S.E.2d 637 (1967).
Levy on bond must be based on execution upon judgment. Rogers v. McDill & Campbell, 9 Ga. 506 (1851) (decided under former law).
Entry that officer knows of no personalty in possession of defendant is insufficient. Eaves v. Garner, 111 Ga. 273, 36 S.E. 688 (1900) (decided under former Code 1895, § 4167).
Fieri facias not inadmissible if clerk fails to comply with former Code 1895, § 4891, requiring the clerk to enter constable's entry upon execution docket. Turner v. Duncan, 152 Ga. 54, 108 S.E. 532 (1921) (decided under former law).
Only one entry on a fieri facias is required. Carmichael v. Strawn, 27 Ga. 341 (1859) (decided under former law).
- Sheriff's deed void if constable making levy fails to make entry of no personalty. Robinson v. Burge, 71 Ga. 526 (1883) (decided under former law).
- It is no traverse of entry to simply allege that no search was made, in order to make an issue it must be averred in the traverse that the defendant did have personal property on which to levy the fieri facias. Runyan v. Hobgood, 140 Ga. 375, 78 S.E. 1075 (1913) (decided under former law).
Correct entry presumed to have been made if execution lost and return to sheriff proved. Doe v. Biggers, 6 Ga. 188 (1849) (decided under former law).
Officer liable for damages when the officer violates the officer's duty by refusing to levy on property pointed out by the defendant, but this will not invalidate the levy. Thompson v. Mitchell, 73 Ga. 127 (1884); Barfield v. Barfield, 77 Ga. 83 (1886); Hollinshed v. Woodard, 124 Ga. 721, 52 S.E. 815 (1906) (decided under former law).
- Return of an officer should receive every reasonable intendment and construction, and if there is a question whether the officer has acted officially, the construction given the officer's acts should be that most favorable to the officer's having discharged the officer's duty. Burden v. Gates, 188 Ga. 284, 3 S.E.2d 679 (1939) (decided under former Code 1933, § 24-1413).
- Affidavit of illegality based on falsity of entry should distinctly aver that defendant had personal property at time of levy, and that it was subject. McKoy v. Edwards, 65 Ga. 328 (1880) (decided under former law).
- Affidavits of illegality filed to levy ordinary executions for amounts larger than the jurisdictional amount are returnable to other courts having jurisdiction. Scott v. Mayor of Mount Airy, 186 Ga. 652, 198 S.E. 693 (1938) (decided under former Code 1933, § 24-1419).
- If an execution issues from a justice of the peace court (now magistrate court) and is levied upon land, and an affidavit of illegality is filed, it is the duty of the levying officer to return the papers to the justice of the peace court (now magistrate court) for trial, rather than to the superior court, which is without jurisdiction in such a case. Scott v. Mayor of Mount Airy, 186 Ga. 652, 198 S.E. 693 (1938) (decided under former Code 1933, § 24-1419).
- Failure of a person appointed to fill a vacancy to file a bond will not render a levy made by that person void. Gunn v. Tackett, 67 Ga. 725 (1881) (decided under former Code 1873, § 465).
- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 24-814, 24-815, and 24-817 are included in the annotations for this Code section.
- Since, although constables do not have general police powers, constables do have the power to arrest with a warrant and to execute and return all warrants, summons, executions, and other processes directed to the constables by the magistrate court, and constables are to perform all other duties required of the constables by law or which relate to the constable's offices, under O.C.G.A. §§ 15-10-102 and15-10-103, one can logically conclude that the term "law enforcement officer" as used in O.C.G.A. § 15-10-202(c) includes constables of the magistrate court. 1987 Op. Att'y Gen. No. U87-21.
- Writs of fieri facias issued by the magistrate court may be directed to the constables of that court and, in executing these writs, constables may conduct judicial sales of personal property. 1984 Op. Att'y Gen. No. U84-36.
Constable's territorial jurisdiction to levy under an execution is limited to the county in which the constable's militia district is located. 1980 Op. Att'y Gen. No. 80-112 (decided under former Code 1933, § 24-817).
- State court judge cannot legally interfere with performance of duty by constable. 1971 Op. Att'y Gen. No. U71-44 (decided under former Code 1933, § 24-817).
- Constable or a small claims court (now magistrate court) bailiff is not charged with the general duty of enforcing the criminal laws of this state. 1975 Op. Att'y Gen. No. U75-17 (decided under former Code 1933, § 24-817).
Constable may use marked automobile that is equipped with colored light mounted on cab and a siren if the constable can do so without holding oneself out to the public as a county police officer. 1969 Op. Att'y Gen. No. 69-214 (decided under former Code 1933, § 24-817).
Constable failing to pay over any money coming into the constable's possession may be ruled for contempt either in superior court or in the justice of peace court. 1952-53 Op. Att'y Gen. p. 33 (decided under former Code 1933, §§ 24-814 and 24-815).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1995-03-17
Citation: 265 Ga. 326, 454 S.E.2d 780, 95 Fulton County D. Rep. 1100, 1995 Ga. LEXIS 153
Snippet: made for appointment of constables, and OCGA § 15-10-102, which sets forth the powers and duties of constables