Bowen v. Penny
Supreme Court of Georgia
Claim. Pleadings. Bonds. Trusts and Trustees. Before Judge Kibbee. Dooly Superior Court. March Term, 1885. This action was brought in favor of Bowen, constable, for the use, etc., against “ John C. Penny, trustee for M. T. Penny,” as principal, and John D. Adams, as security.
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Claim. Pleadings. Bonds. Trusts and Trustees. Before Judge Kibbee. Dooly Superior Court. March Term, 1885. This action was brought in favor of Bowen, constable, for the use, etc., against “ John C. Penny, trustee for M. T. Penny,” as principal, and John D. Adams, as security. It was alleged that a fi.fa. in favor of John F. Lewis & Son, the usees in the suit, against John 0. Penny, had been levied on certain property; that Penny, as trustee for M. T. Penny, interposed a claim and gave the replevy bond sued on, “whereby the said John C. Penny, trustee, as aforesaid,” received possession of the…
1Opinion of the Court
Blandford, Justice.
This was an action of debt upon a forthcoming bond given in a claim case, the claim having been interposed by John 0. Penny, trustee for his wife, M. T. Penny. The property having been found subject to thQfi.fa. levied thereon, and the same being perishable property, and having been consumed by the claimant, the suit was instituted, alleging the foregoing facts.
There was a general demurrer to the sufficiency of the plaintiff’s declaration. This demurrer the court sustained, and dismissed plaintiff’s action, and thereupon plaintiff excepted, and error is assigned thereon to…
2Cases cited1 opinion
- Lassiter v. Byrd & CokerSupreme Court of Georgia · 1876
3Cited by5 opinions
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Hatton v. BrownCourt of Appeals of Georgia · 1907
- Spence v. Coney, Lovejoy & Co.Supreme Court of Georgia · 1895
- Johnston v. PinkstonCourt of Appeals of Georgia · 1913
- Herrington v. ColemanCourt of Appeals of Georgia · 1930