Sally v. Bank of Union
Supreme Court of Georgia
Tlie Court of Appeals certified for instruction (in Case No. 10414) the following questions, the answers to which will be found in the headnotes: “ 1. When a surety has been sued separately from his principal, is it then too late for the surety to give the notice provided for in section 3546 of the Civil Code (1910), to proceed against the principal debtor? “2. Do the provisions of section 3546 of the Civil Code affect the contract or go only to the remedy ? “ 3. The…
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Tlie Court of Appeals certified for instruction (in Case No. 10414) the following questions, the answers to which will be found in the headnotes: “ 1. When a surety has been sued separately from his principal, is it then too late for the surety to give the notice provided for in section 3546 of the Civil Code (1910), to proceed against the principal debtor? “2. Do the provisions of section 3546 of the Civil Code affect the contract or go only to the remedy ? “ 3. The statutory law of this State being that ‘ while the wife may contract, she cannot bind her separate estate by any contract of…
1Opinion of the CourtGilbert, J.
1. When a surety has been sued separately from his principal,' it is not then too late for the surety to give the notice provided for in section 3546 of the Civil Code, to proceed against the principal debtor (the principal debtor being within the jurisdiction of this State). Said section provides that the surety, “at any time” after the debt on which he is liable becomes due, may give the notice.
2. Tlio 'provisions of section 35£6 of the Civil Code do not affect either the nature, obligation, construction, or validity of the contract, but go only to the remedy. See Vanzant v. Arnold, 31 Ga.…
2Cases cited4 opinions
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Benton & Brother v. SingletonSupreme Court of Georgia · 1902
- Vanzant, Jones & Co. v. Arnold, Hamilton & JohnsonSupreme Court of Georgia · 1860
- Howard v. BrownSupreme Court of Georgia · 1847
3Cited by21 opinions
- Ulman, Magill & Jordan Woolen Co. v. MagillSupreme Court of Georgia · 1923
- Mathews v. GreinerCourt of Appeals of Georgia · 1974
- Pratt v. SloanCourt of Appeals of Georgia · 1930
- Fourth Nat. Bank v. WoolfolkSupreme Court of Alabama · 1929
- Watkins Co. v. SeawrightCourt of Appeals of Georgia · 1929
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