Johnston v. Pinkston
Court of Appeals of Georgia
Action on bond; from city court of Lumpkin—Judge Nicholson presiding. September 23, 1912.
1Opinion of the CourtKussell, J.
The question raised by the record is whether an action can be maintained upon a forthcoming bond while the issue of title to the replevied property is still pending upon a writ of error in the Supreme Court; The sheriff, for the use of Carter & Patterson, brought a suit on a forthcoming bond, given by Mrs. Pinkston as claimant, to replevy certain cotton to which she had claimed title. The trial judge dismissed the suit upon the forthcoming bond, because the claim ease had not been finally disposed of in the Supreme Court; and the present writ of error challenges the correctness of this…
2Cases cited16 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
- Doe ex dem. Truluck v. PeeplesSupreme Court of Georgia · 1846
- Perkins v. RowlandSupreme Court of Georgia · 1882
- Davis v. City CouncilSupreme Court of Georgia · 1893
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3Cited by2 opinions
- Ledbetter v. GoodroeCourt of Appeals of Georgia · 1933
- Manufacturers Finance Acceptance Corp. v. BradleyCourt of Appeals of Georgia · 1934