Warlick v. McLeod
Court of Appeals of Georgia
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
- Everett, Ridley & Co. v. HolcombCourt of Appeals of Georgia · 1907
- Marsh v. Ben H. Fletcher Co.Court of Appeals of Georgia · 1916
3Cited by1 opinion
- Wyatt v. Citizens & Southern BankCourt of Appeals of Georgia · 1923