O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-13-10 (2019)

Appointment of special officer to execute rule or order against sheriff or deputy

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

(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.)

Annotations

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.