Gauet v. Wallis

• Citation: 53 Ga. 675
• Parties: Joseph Gauet et al., plaintiffs in error. v. H. B. Wallis, defendant in error.
• Decision Date: 31 January 1875
• Court: Supreme Court of Georgia

53 Ga. 675

Joseph Gauet et al., plaintiffs in error. v. H. B. Wallis, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1875.)

Criminal law. Costs. Judge. Certiorari. Equity. Before Judge Knight. Cobb Superior Court. March Adjourned Term, 1874.

For the facts of this case, see the decision.

W. T. Winn; W. D. Anderson, for plaintiffs in error.

H. A. Dunwoody; C. D. Phielips, for defendant.

Warner, Chief Justice.

This was a bill filed by the complainant against the defend-ants, praying for an injunction to restrain the defendants from the collection of two cost fi. fas. The injunction prayed for wasgranted, and when the cause came on for trial the defendants *made a motion to dismiss the complainant\'s bill because the allegations contained therein did not entitle the complainant to any relief by the decree of a court of equity, which motion the court overruled, and the defendants excepted. It appears from the allegations in the bill that the defendant, Gault, was a justice of the peace, and the defendant, Wilson, was his constable; that the complainant had applied to Gault for a warrant against Bell and wife, charging them with keeping and maintaining an ill-governed and disorderly house, which was duly issued by the justice, the parties arrested and brought before him. The ground of complaint made in the bill against the justice is, that on the hearing of the charge made by the complainant against Bell and wife, although there was sufficient evidence that they did keep and maintain an ill-governed and disorderly house, justice Gault refused to bind them over to appear at the superior court to answer said charge, but, on the contrary, dismissed the complaint and entered up a judgment against the complainant for the costs in the case, issued an execution and placed the same in the hands of the constable for collection. The complainant also alleges that he sued out another warrant against Bell, alone, for a trespass in taking and carrying away a number of plank from the house and possession of complainant, of the value of $2 00, more or less, without authority and contrary to law, and that justice Gault continued the last mentioned case on his own motion, for the purpose of procuring two other justices to sit with him on the trial thereof, but failed to do so, and finally dismissed said case and entered up judgment against the complainant for $6 00 costs in that case, in violation of the laws of the state, and issued an execution therefor and placed the same in the hands of Wilson, the constable, all of which actings and doings of justice Gault the complainant alleges were illegal and void, that justice Gault and his constable are both insolvent, and therefore...