Parks v. Hardwick
Supreme Court of Georgia
Certiorari; from Court of Appeals. 30 Ga. App. 673. The exception in this case is to a judgment of forfeiture absolute on a criminal recognizance in Stewart superior court against the sureties, W. W. Parks and R. C. Parks. The principal could not be served, and no judgment was rendered against him.
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Certiorari; from Court of Appeals. 30 Ga. App. 673. The exception in this case is to a judgment of forfeiture absolute on a criminal recognizance in Stewart superior court against the sureties, W. W. Parks and R. C. Parks. The principal could not be served, and no judgment was rendered against him. The agreed statement of facts is as follows: “A bill was returned at the Oct. term, 1922, of said court, charging S. B. Parks with a misdemeanor, namely being a cheat and swindler. The defendant did not appear at said term of court, and his bond was forfeited, and nisi issued and was served on W.…
1Opinion of the CourtGilbert, J.
1. The only assignment of error on the judgment of the Court of Appeals is as follows: “Petitioners respectfully insist that the Court of Appeals erred in inferentially holding and deciding that the paper forfeited as a bond was a valid, legal, and binding bond and obligation, even though the same had never been delivered at the time the defendant, who appeared as principal on the bond, had voluntarily escaped from jail, and said bond had never been accepted and approved by the proper authorities authorized so to do.” It is well settled that criminal recognizances must be construed strictly.…
2Cases cited1 opinion
- Clark v. GordonSupreme Court of Georgia · 1889
3Cited by6 opinions
- Coweta Bonding Co. v. CarterSupreme Court of Georgia · 1973
- Louisville & Nashville Railroad v. TomlinSupreme Court of Georgia · 1926
- Hicks v. Louisville & Nashville RailroadSupreme Court of Georgia · 1936
- Branan v. FeldmanSupreme Court of Georgia · 1924
- Hodges v. StateSupreme Court of Georgia · 1952
1 more not listed; retrieve them via the Exa API.