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2018 Georgia Code 15-13-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 15-13-10 Case Law from Google Scholar Amendments to OCGA 15-13-10

TITLE 15 COURTS

Section 13. Officers of Court Generally, 15-13-1 through 15-13-36.

ARTICLE 1 LIABILITY FOR OFFICIAL ACTS

15-13-10. Appointment of special officer to execute rule or order against sheriff or deputy.

Whenever the sheriff or his deputy is a party to any rule or is interested therein and there is no coroner or other lawful officer of the county to execute the same, it shall be the duty of the judge or justice of the court to appoint pro tempore a special officer to carry out and effectuate the order of the court, for which the appointed officer shall be allowed the usual fees of sheriffs for like service.

(Laws 1840, Cobb's 1851 Digest, p. 580; Code 1863, § 3864; Code 1868, § 3884; Code 1873, § 3960; Code 1882, § 3960; Civil Code 1895, § 4781; Civil Code 1910, § 5353; Code 1933, § 24-204.)

JUDICIAL DECISIONS

Sheriffs are disqualified from performing official duties in cases in which sheriffs have an interest. Abrams v. Abrams, 239 Ga. 866, 239 S.E.2d 33 (1977).

Cited in State v. Jeter, 60 Ga. 489 (1878).

OPINIONS OF THE ATTORNEY GENERAL

No authorization for criminal arrest of sheriff.

- Former Code 1933, § 24-204 (see now O.C.G.A. § 15-13-10) was similar in import to former Code 1933, § 39-114 (see now O.C.G.A. § 9-13-11); both applied to civil matters involving orders, decrees, attachments, executions, and final processes, and did not give authority to arrest a sheriff in criminal matters. 1973 Op. Att'y Gen. No. 73-93.

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