Sherman v. Morris

Wade J.

1. Suit on a forthcoming Bond was brought in the justice’s court, in the name of another person, for the use of the plaintiffs, and an appeal was thereafter taken to the superior court by the defendants. The appeal bond was by its terms payable to the usees, and not to the person in whose name the action was proceeding. No attempt was made to amend the bond, and, on motion of the appellee, the appeal was dismissed.

(а) Appeal bonds are amendable in any respect, where the amendment does not prejudice the opposite party. Civil Code, § 5707; Gittens v. Whelchel, 12 Ga. App. 141 (76 S. E.…