Legal Opinion

Howard v. Boone

Court of Appeals of Georgia

Decided June 15, 1932No. 22232PublishedCited by 1 opinion

1Opinion of the CourtBroyles, C. J.

1. The motion of the defendant in error to dismiss the bill of exceptions is denied.

2. The statute as to the giving of a bond for payment of the eventual condemnation money and all future costs before the issuance of a writ of certiorari (Civil Code of 1910, § 5185) was not complied with by giving a bond in which the penalty named was $100; and the court properly dismissed the certiorari. Westbrook v. Moore, 59 Ga. 204, 205, 206; Gullatt v. Blankenship, 42 Ga. App. 139 (155 S. E. 353), and cit.

Judgment affirmed.

2ConcurrenceLuke, J.

Bloodworth, J., absent on account o} illness.

3Cases cited2 opinions

  1. Westbrook v. MooreSupreme Court of Georgia · 1877
  2. Gullatt v. BlankenshipCourt of Appeals of Georgia · 1930

4Cited by1 opinion

  1. Howard v. BooneSupreme Court of Georgia · 1935