Strickland v. Strickland
Georgia Court of Appeals
Strickland v. Strickland, 24 Ga. App. 200 (1919)
100 S.E. 230; 1919 Ga. App. LEXIS 499
Peb
Strickland v. Strickland
Opinion of the Court
Where a constable is specially deputized by the sheriff and sworn in for the purpose of serving a particular writ, he becomes a de facto deputy sheriff, and service by him is legal. Twiggs v. Hardwick, 61 Ga. 273; Hinton v. Lindsay, 20 Ga. 746; Blount v. Wells, 55 Ga. 282. See also Hartshorn v. Bank, 15 Ga. App. 173 (82 S. E. 805), where it is held that when a constable, although irregularly appointed or qualified as a deputy sheriff, assumes to act as a lawful deputy sheriff, his acts are those of a de facto officer, and therefore legal.
The court did not err in refusing to dismiss the levy:
Judgment affirmed.
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