Jones v. Funston
Court of Appeals of Georgia
Action on bond; from city court of Hinesville—Judge W. C. Hodges. August 19, 1918. An action was brought in the city court of Hinesville by Florence Funston against Maury Jones and L. Q. Yeomans on a condemnation-money bond purporting to have been given by Maury Jones, with L. Q. Yeomans as security, for the purpose of obtaining a certiorari in a case of Florence Funston against Maury Jones in the county court of Liberty county.
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Action on bond; from city court of Hinesville—Judge W. C. Hodges. August 19, 1918. An action was brought in the city court of Hinesville by Florence Funston against Maury Jones and L. Q. Yeomans on a condemnation-money bond purporting to have been given by Maury Jones, with L. Q. Yeomans as security, for the purpose of obtaining a certiorari in a case of Florence Funston against Maury Jones in the county court of Liberty county. The petition alleged: (1) Maury Jones and L. Q. Yeomans are residents of said county of Liberty. (2) Maury Jones as principal and L. Q. Yeomans are indebted to…
1Opinion of the CourtBloodwoeth, J.
1. Where facts are charged to be within the knowledge of a party, or where from all the circumstances such knowledge is necessarily presumed, and he fails to answer altogether, or makes an evasive answer, the charge is to be taken as true. -Civil Code (1910), § 5637.
2. “The surety on a bodd given by a defendant in an action of trover for the eventual condemnation money is bound by the judgment against the defendant, and can not, after judgment, raise any question which could have been raised by the principal before judgment. Waldrop v. Wolff, 114 Ga. 610 (40 S. E. 830) ; Jackson v.…
2Cases cited12 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Thomas v. PriceSupreme Court of Georgia · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jones v. FunstonCourt of Appeals of Georgia · 1920