Legal Opinion

Warlick v. McLeod

Court of Appeals of Georgia

Decided October 20, 1919No. 10475PublishedCited by 1 opinion

Application for discharge from custody; from Floyd superior court—Judge Wright. February 15, 1919.

1Opinion of the CourtJenkins, P. J.

This ease is an application for discharge in a bail-trover proceeding. The court did not err in discharging the applicant upon his own recognizance, since there was evidence to authorize a finding to the effect: (1) that the applicant was at the time the application was made, and had since remained, in the legal custody of the sheriff (Everett v. Holcomb, 1 Ga. App. 794, 58 S. E. 287); (2) that he was unable to give the bond and security required by law; and (3) that the nonproduetion of the property sued for was a physical impossibility at the time of the issuance of the writ, which…

2Cases cited2 opinions

  1. Everett, Ridley & Co. v. HolcombCourt of Appeals of Georgia · 1907
  2. Marsh v. Ben H. Fletcher Co.Court of Appeals of Georgia · 1916

3Cited by1 opinion

  1. Wyatt v. Citizens & Southern BankCourt of Appeals of Georgia · 1923

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