Rowland v. Page
Court of Appeals of Georgia
Certiorari, from Johnson superior court — Judge Eawlings. November 26, 1907. An execution against Outlaw was levied on certain corn as his property, and he replevied the property, executing a* forthcoming bond with Eowland as security, payable to Page, constable, the levying officer.
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Certiorari, from Johnson superior court — Judge Eawlings. November 26, 1907. An execution against Outlaw was levied on certain corn as his property, and he replevied the property, executing a* forthcoming bond with Eowland as security, payable to Page, constable, the levying officer. To a suit on this bond, brought in a justice’s court by Page, as constable, for the use of the plaintiff in execution, against the principal and the surety, Eowland pleaded, in substance, that the corn levied on was his own property and was never the property of Outlaw; that he was Outlaw’s landlord and the corn…
1Opinion of the CourtHill, C. J.
1. Section 5430 of the Civil Code prescribes the condition of a forthcoming bond authorized to be taken by the levying officer, and the officer has no right to vary the condition by any agreement with the defendant in execution. Any such agreement is void and without effect as to the right of the plaintiff in execution, and can not be set up as a defense to a suit on the bond, brought by the officer, for the use of the plaintiff in execution. King v. Castlen, 91 Ga. 488 (18 S. E. 313).
2. That the security on a forthcoming bond was induced to sign it by a fraudulent promise or representation…
2Cases cited5 opinions
- Hatton v. BrownCourt of Appeals of Georgia · 1907
- Craig v. Herring & TurnerSupreme Court of Georgia · 1888
- O'Neill Manufacturing Co. v. HarrisSupreme Court of Georgia · 1907
- Barfield v. CovingtonSupreme Court of Georgia · 1897
- King v. CastlenSupreme Court of Georgia · 1893
3Cited by6 opinions
- Boyd v. CrewsCourt of Appeals of Georgia · 1924
- McFarland v. LeeCourt of Appeals of Georgia · 1912
- Salmon v. LynnCourt of Appeals of Georgia · 1915
- Arnold & Son v. RhodesCourt of Appeals of Georgia · 1920
- Garmany v. LoachCourt of Appeals of Georgia · 1925
1 more not listed; retrieve them via the Exa API.