Beall v. Cochran
Supreme Court of Georgia
Illegality, in Wilkinson Superior Court. Decision by Judge Hardeman, October Term, 1854. Suit was brought by A. E. Cochran, as administrator, &c. against Solomon B. Murphey, Sheriff, and the sureties on his bond, on an alleged misfeasance, in demanding and taking more costs than the law -allowed. On the first trial, there was a recovery by the plaintiff below. Murphey, the principal, alone appealed.
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Illegality, in Wilkinson Superior Court. Decision by Judge Hardeman, October Term, 1854. Suit was brought by A. E. Cochran, as administrator, &c. against Solomon B. Murphey, Sheriff, and the sureties on his bond, on an alleged misfeasance, in demanding and taking more costs than the law -allowed. On the first trial, there was a recovery by the plaintiff below. Murphey, the principal, alone appealed. Upon the appeal trial, a verdict was rendered in his favor; execution was issued on the first verdict, and judgment against the sureties, who had not appealed. An affidavit of illegality was…
1Opinion of the Court
*39 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Ought the sureties to pay the money recovered on the first judgment ? and because of that judgment ? To state the case free from all embarrassment growing out of the Act of 1839, (Cobb's Dig. 500,) authorizing one of several parties, plaintiff or defendant, to appeal, and which urgently demands legislative explanation and amendment, as was made manifest in Stell vs. Glass, (1 Kelly, 475); and Allison vs. Chaffin, and another, (8 Ga. R. 330,) and other decisions of this Court — suppose the suit had been brought separately in this case,…
2Cited by4 opinions
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