The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-24
CAN He ISSUE EXECUTIONS?
THE AUTHORITY or THE DEPUTY
CLERK QUESTIONED.

An AFFIDAVIT OF uIeEaIity FILED in
Which IL l. Claimed the Deputy
Clerk of the city Court Has no
Authority Under the Law TO Issue
Executions on Judgments Prom
the Court-If True. Il Would Make
Void Untold Numbers Of Exeeu-
tions 30 Issued-A section OF the
Code Found which, IL l. stated,
COnfers Full Authority Upon the
Deputy Clerk In This Matter.
The authority Of the deputy clerk
Of the city court 10 issue
executions upon judgments render
Cd IN the court has been taken iuto
question By an arfidavit OF illegality fled
in the city court yesterday. IN the case OF
a. Abrahams against J. T. Cohen & co.
The andavit was filed BY Mr.. Charles
y. West, representing Mr.. 5. Krouskoff.
temporary administrator OF the estate OF
j. T. Cohen. IN the above stated case
an execution was issued from the city
court against J. T. Cohen IN IssS. for the
sum Of $5os.5. and the further sum Of
Si9d as interest. and further interest
from July ?. 1855. and $3.50 costs. which
execution has just been levied upon 100
pairs OF mems and women's shoes by
Deputy Sheriff John II. Wilnk OF the
city court.
Mr.. Krouskoh claims that this execution
was issued Illegally. as in the first place
there Is no valid judgment in the court
in favor Of a. Abrahams against J. T. Co
hen, and second. that the judgment upon
which the execution was issued was mad
In cause wherein process was Issued by
Warng r. Nathans deputy clerk OF the
court. and that Nathans. as deputy clerk.
had no power to issue such process. 1t r.
stated that j. T. Cohen did not appear or
plead to the said action, and that. there
fore. the process and judgment obtained
are null and void.
In the third place. 1t is stated that the
execution was Issued in a cause wherein
me city court had no jurisdiction Of J.
I. Cohen. Mr.. Krouskoff asserts that the
execution was issued illegally, in that IL
was issued by W. G. WCodhn deputy
clerk OF the city court. who had no power
or authority under the law 10 issue execu-
lions out OF the court upon its judgments
In the last assertion of the affidavit lies
one OF the most important features. that
the deputy clerk OF the city court has 10
rendered by the court. Were such IN fact
the case, 1t would render void untold num-
Ders or executions which have issued
from the court since its origin. as almost
every execution Of recent years at least
has been issued by the deputy clerks i'm
accordance with the judgments rendered
II appears that the estate OF j. I. Cohen Is
going TO make a fight on the execution
with that az one Of the main grounds o.
attack
The ground OF this assertion seems to be
that there is no specific law which provides
for deputy clerk OF the city court. Those
who have examined the law on the subject
however, are of the opinion that this
ground cannot stand. In fact, the con-
census of opinion with those who have
given some attention to the matter is that
section 1882 Of the code of 1882 fully covers
the subject In hand. and gives the deputy
clerk of the city court Jurisdiction in such
matters the same as Is given to the deputy
clerk OF the. superior court. That section
reads as follows
AN acts or parts Of acts. already or
hereafter passed upon the subject of at
tachment and garnishment, or legislating
as to any matter whatever I'm the supe-
rior courts Of this state, shall apply to
said city court, as IL named with the SUI
perior courts, so far as the nature of that
tribunal will admit"
This section is from article XII. in the ap-
pendiX to the code upon the subject of the
city court of Savannah. The statement
In the section 'or legislating as to any
matter whatever in the superior courts Of
this state" IL is believed by those to
whom the matter has been referred fully
covers the ground, and it is stated by them
there need be no apprehension with re-
gard to past or future executions which
may have been or may be issued by the
deputy clerk of the city court