McEachern v. Clark

1. “As the surety on a replevy bond given by the defendant in a distress warrant is liable for the condemnation money by reason of his suretyship on that bond, he can not become surety on an appeal taken by the defendant to the superior court from the judgment rendered against him in the justice’s court. An appeal so entered is a nullity and should be dismissed by the superior court on motion.” Osborne v. Hughes, 93 Ga. 445 (21 S. E. 65); Eufaula Home Insurance Co. v. Plant, 36 Ga. 624; Benson v. Shines, 107 Ga. 406 (2), 407 (33 S. E. 439); Harvely v. Daly, 112 Ga. 822 (38 S. E. 41); Napier…