Planters' & Miners' Bank v. Hudgins
Supreme Court of Georgia
Appeal. Bonds. Principal and surety. Parties. Continuance. Practice. Before Judge Milner. Bar-tow superior court. January term, 1889. The Planters’ and Miners’ Bank sued Abda Johnson upon a promissory note in a magistrate’s court, and obtained judgment. Johnson appealed to the superior court on December 21, 1880, and gave an appeal bond with A. R. Hudgins as security. At the January term, 1889, of the superior court, the case came on to be heard.
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Appeal. Bonds. Principal and surety. Parties. Continuance. Practice. Before Judge Milner. Bar-tow superior court. January term, 1889. The Planters’ and Miners’ Bank sued Abda Johnson upon a promissory note in a magistrate’s court, and obtained judgment. Johnson appealed to the superior court on December 21, 1880, and gave an appeal bond with A. R. Hudgins as security. At the January term, 1889, of the superior court, the case came on to be heard. Plaintifi moved the court to allow an amendment to the effect that Abda Johnson was dead; that P. T. Johnson was appointed as his executrix, and…
1Opinion of the Court
Bleckley, Chief Justice.
1. The obligation of a security on an appeal bond is for “the eventual condemnation money.” Code, §3616. He is bound “for the judgment on the appeal.” Code, §3621. The eventual condemnation money is that which is recovered in the identical case in which the appeal is taken. Lockwood v. Saffold, 1 Ga. 72. The judgment for which he is bound is therefore a judgment to be rendered in that case. Without a recovery against the principal or his legal representative, there can be none against him. The opposite party cannot make a judgment in his favor obtained in another…
2Cases cited2 opinions
- Odell v. WoottenSupreme Court of Georgia · 1868
- Lockwood v. SaffoldSupreme Court of Georgia · 1846
3Cited by11 opinions
- Price v. CarltonSupreme Court of Georgia · 1904
- Ray v. CruceCourt of Appeals of Georgia · 1918
- United States Fidelity & Guaranty Co. v. TuckerSupreme Court of Georgia · 1927
- Vickers v. JonesSupreme Court of Georgia · 1946
- Harrell v. Kutz & Co.Court of Appeals of Georgia · 1918
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