Herrington v. Coleman

1. Where personal property of a perishable nature, which has been levied on and for the production of which at the time and place of sale the defendant in execution has given a forthcoming bond, has disappeared or been consumed, and the defendant in execution can *89not produce tlie property in compliance with the obligation in the bond, it is not necessary, in order to establish a breach by the defendant of the bond, that the property be advertised for sale or that a demand for the property be made upon the defendant in execution. Bowen v. Penny, 76 Ga. 743; Anderson v. Banks, 92 Ga. 121 (18 S.…