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2018 Georgia Code 15-13-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-13-8 Case Law from Google Scholar Amendments to OCGA 15-13-8

TITLE 15 COURTS

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

ARTICLE 1 LIABILITY FOR OFFICIAL ACTS

15-13-8. Retired officers subject to court order.

Sheriffs, deputy sheriffs, coroners, clerks of the superior courts, magistrates, and constables shall be subject to the rule and order of the courts at any and all times after they have retired from their respective offices, in such cases and in like manner as they would have been had they remained in office.

(Laws 1813, Cobb's 1851 Digest, p. 202; Code 1863, § 3856; Code 1868, § 3876; Code 1873, § 3952; Code 1882, § 3952; Civil Code 1895, § 4773; Civil Code 1910, § 5345; Code 1933, § 24-208; Ga. L. 1983, p. 884, § 4-1.)

JUDICIAL DECISIONS

Sheriff timely turning over fieri facias to successor not liable.

- If sheriff turns over fieri facias to the sheriff's successor in time to make the money, the first sheriff is not liable. Cason v. Mulling, 50 Ga. 598 (1874).

Affidavit of illegality interposed which arrests execution will not make first sheriff liable if the levy is made and the process is turned over to the sheriff's successor. Lauham v. Vaughan, 26 Ga. 358 (1858).

Former sheriff liable for money not paid over.

- When the former sheriff had in the sheriff's hands money belonging to the plaintiff and failed to pay over upon demand made therefor, the sheriff was liable not only for the principal, interest, and costs which the sheriff had collected on the plaintiff's fieri facias, but also for the costs in the rule against the sheriff instituted by the plaintiff to recover the money. Sutton v. Robinson, 72 Ga. 195 (1883).

Cited in Hand, Williams & Co. v. Greenville & Sample, 22 Ga. 476 (1857).

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