Citation Numbers: 28 Ga. 535
Judges: Lumpkin
Filed Date: 6/15/1859
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
Was the court right in holding that the bond taken by the deputy sheriff in this case, was void and compelling the officer to pay the debt ? We think not.
A ca. sa. bond is intended only to secure the appearance of the defendant. If he surrenders himself at court, or is
As to tbe bond being payable to tbe sheriff instead of tbe plaintiff in ca. sa., the sheriff takes the bond for the benefit of tbe creditor. He could be compelled by tbe court to assign. Here be voluntarily offered to do so.
Judgment l’eversed.