Daniels v. Smith
Supreme Court of Georgia
Distraint. Before Judge Worrill. Early superior court. October 7, 1914. H. G. -Smith sued out a distress warrant against Clarence Thomas, who interposed a counter-affidavit and gave a replevy bond signed by himself as principal and J. B. Daniels as security.
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Distraint. Before Judge Worrill. Early superior court. October 7, 1914. H. G. -Smith sued out a distress warrant against Clarence Thomas, who interposed a counter-affidavit and gave a replevy bond signed by himself as principal and J. B. Daniels as security. When the case was called for trial of the issue so made, Daniels presented to the court a verified petition praying that he be allowed to intervene and be made a party defendant, and that he be adjudged, upon proof of the facts he alleged, not liable on the bond. Upon objection the court refused to allow this defense, and, after the…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) There was no allegation of any writing contemporaneous with the bond, embodying the terms and conditions upon which the paper was to become void and inoperative, as set forth in the petition of Daniels, the security. Manifestly, from the recitals in the application, it is an attempt to destroy by parol evidence the binding force of the bond by the addition of terms not contained in the instrument itself, as it recites the statements made by Odum and the deputy sheriff, and by the plaintiff in error to those parties, as being the *563grounds for adjudging the…
2Cases cited2 opinions
- Hirsch v. OliverSupreme Court of Georgia · 1893
- Lewis v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1883
3Cited by2 opinions
- LaGrange Female College v. CarySupreme Court of Georgia · 1929
- Sikes v. PaytonCourt of Appeals of Georgia · 1919