Townsend v. E. B. Stoddard & Co.
Supreme Court of Georgia
Complaint and Bail. In whitfield Superior Court. Decision by Judge Trippe, at April Term, 1858. E. B. Stoddard’ & Co. sued out bail process against William S. Townsend, returnable to April Term, 1S58, of Whitfield Superior Court. At the term to which the writ was returnable, counsel for Stoddard & Co. moved that the Sheriff and his securities “be deemed and stand as special bail,” he having failed to take bonds for defendant’s appearance as required by law in such cases.
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Complaint and Bail. In whitfield Superior Court. Decision by Judge Trippe, at April Term, 1858. E. B. Stoddard’ & Co. sued out bail process against William S. Townsend, returnable to April Term, 1S58, of Whitfield Superior Court. At the term to which the writ was returnable, counsel for Stoddard & Co. moved that the Sheriff and his securities “be deemed and stand as special bail,” he having failed to take bonds for defendant’s appearance as required by law in such cases. Counsel for defendants resisted this motion, and moved that plaintiff’s action be dismissed on the grounds: 1st. Because no…
1Opinion of the Court
*431 By the Court.
McDonald J.
delivering the opinion.
[1.] The Sheriff showed no cause against the rule to make him and his sureties special bail for the defendant, and having been in default in this respect, as appears by the recital in the order absolute making them special bail.
[2.] In regard to (he motion to amend the declaration and process, it is sufficient to say that they were both amendable by statute.
The time of holding the Court had been but recently changed when the process was issued, and the Acts had not been published; yet, as the Legislature had made no provision for process issued…
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