Montigue v. Leatr
Supreme Court of Georgia
Assumpsit and bail, in Bibb Superior Court. Decided by Judge Floyd, July Term, 1849. A motion was made in the Court below to dismiss the bail process in this case, on the ground that the affidavit of plaintiff did not describe or set forth the cause of action, or character of the debt on which defendant was held to bail. The Court overruled the motion, and defendant excepted.
1Opinion of the Court
By the Court, —
Nisbet, J.
delivering the opinion.
[1.] The exception in this case is to the decision of the Court, on a motion to dismiss bail process. The ground of the motion was, that the bail affidavit does not describe or set forth the cause of action or character of the debt. The Court below held, that it was not necessary for plaintiff, in his affidavit, so to describe or set it forth, and we find no sufficient reason for reversing the decision. Our Act must be held as superseding the English Statute of 12 Geo. I. and as dispensing with the practice which grew up under that Act in their…
2Cited by1 opinion
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