DocketNumber: No. 35
Citation Numbers: 10 Ga. 249
Judges: Nisbet
Filed Date: 7/15/1851
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
The Statute requires a bond in twice the amount of the debt. We have, in construing it, (5 Ga. Rep. 178,) held that a bond in a less sum is a good bond if in other respects regular. That matter has nothing to do with this case. The bond here is in that particular in conformity with the Statute. The Act requires the bond to be given for the appearance of the defendant at the next term of the Inferior Court of the County, in cases where the ca. sa. issues from a Justice’s Court. Justice’s Courts have, no jurisdiction over the matter of discharging insolvent debtors. This ca. sa. issued from a Justice’s Court. This bond is fatally
It is stated in the Constable’s return, that the defendant did appear at the next term of the Inferior Court, and continued there during its session. What of that ? He was under no legal obligation to be there, and if he had not appeared, the plaintiff in ca. sa. would have had noj redress upon him. After the discharge under these circumstances, the officer could not again arrest him. It was a voluntary escape. The Constable returns that he took the bond in good faith, with no intention to injure the plaintiff. This may be so, but good intentions are no excuse for the violation of a duty which the law imposes upon him. Whether his intentions were good or bad, is nothing to the plaintiff. In either event he loses his money by official misconduct, unless the officer is made to pay it. This case was sought to be analogised by the learned counsel to the case of Colly vs. Morgan, 5 Ga. Rep. 178. It is distinguishable from that case in this vital particular: in that case we were enabled to hold that the bond was a good bond. In this it is without question a nullity.
Let the judgment be reversed.