Seymore v. Howard
Supreme Court of Georgia
Complaint, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. This was an action of complaint, commenced in the Inferior Court of Bibb county, by George W. Seymore against William Y. Howard, on a promissory note, for $ 150: On the first trial, the plaintiff confessed judgment for cost, and took an appeal, giving a bond, with Thomas P. Stubbs as his security, “ for the payment of all costs which may accrue in said case”. At the trial on the appeal,…
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Complaint, in Bibb Superior Court. Tried before Judge Powers, November Term, 1853. This was an action of complaint, commenced in the Inferior Court of Bibb county, by George W. Seymore against William Y. Howard, on a promissory note, for $ 150: On the first trial, the plaintiff confessed judgment for cost, and took an appeal, giving a bond, with Thomas P. Stubbs as his security, “ for the payment of all costs which may accrue in said case”. At the trial on the appeal, counsel for defendant ■ moved to dismiss the appeal, on the ground that the “ appeal bond did not bind the4 plaintiff and his…
1Opinion of the Court
By the Court.
Stabnes, J.,
delivering the opinion.
[1.] It will be observed, that this appeal is entered by a plaintiff in an action on a promissory note, to which there was no plea of set-off. When, therefore, the appellant gave bond and security for payment of the costs of suit, he thus gave a bond w'hich was available for all purposes of protection to the defendant, at the time of the appeal, as he could be made eventually liable for no more than the costs. This, we think, was a substantial and practical compliance with the requirements of our Law, and carried the case to the appeal.
It is…
2Cited by3 opinions
- Phillips v. Brigham, Kelly & Co.Supreme Court of Georgia · 1859
- Smith v. PowellSupreme Court of Georgia · 1910
- Southern Railway Co. v. DavisCourt of Appeals of Georgia · 1911