Legal Opinion

Bearden v. General Motors Acceptance Corp.

Court of Appeals of Georgia

Decided June 23, 1970No. 45314PublishedCited by 5 opinions

1Opinion of the Court

Hall, Presiding Judge.

Defendant bondsman appeals from the judgment in a suit on a forthcoming bond for the difference between the value of the property at the time of the bond and its value when turned over to the sheriff for sale. For a previous appeal in this case see General Motors Acceptance Corp. v. Bearden, 114 Ga. App. 392 (151 SE2d 517).

1. Code § 39-304 allows recovery on a forthcoming bond for the diminished value of property which has been levied upon but retained and used prior to judicial sale. The value of the property is fixed by the levying officer in order to set the amount of…

2Cases cited4 opinions

  1. Byrd v. Ford Motor Co.Court of Appeals of Georgia · 1968
  2. May v. LeveretteSupreme Court of Georgia · 1927
  3. Dickens v. MaxeyCourt of Appeals of Georgia · 1931
  4. General Motors Acceptance Corp. v. BeardenCourt of Appeals of Georgia · 1966

3Cited by5 opinions

  1. Thompson v. MasliaCourt of Appeals of Georgia · 1972
  2. Summer v. AllisonCourt of Appeals of Georgia · 1972
  3. Cooper v. Citizens Bank of GainesvilleCourt of Appeals of Georgia · 1973
  4. Bearden v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1970
  5. Thompson v. MasliaCourt of Appeals of Georgia · 1972

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API