Gustoso Cigar Manufacturing Co. v. Ray
Supreme Court of Georgia
Petition for discharge from custody. Before Judge Griffin. City court of Yaldosta. November 28, 1902. The Gustoso Cigar Manufacturing Company instituted bail-trover proceedings in the city court of Valdosta, against Ray.
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Petition for discharge from custody. Before Judge Griffin. City court of Yaldosta. November 28, 1902. The Gustoso Cigar Manufacturing Company instituted bail-trover proceedings in the city court of Valdosta, against Ray. The defendant was taken into custody by the sheriff, and applied for a discharge under the Civil Code, § 4608. After hearing the evidence the judge passed the following order: “ Upon satisfactory evidence being adduced that the movant in the foregoing petition can not produce the goods mentioned therein, nor give the bond and security required by law, and satisfactory reasons…
1Opinion of the CourtLamar, J.
The cigar company insists that, notwithstanding the order of discharge, the court should have granted a supersedeas and remanded the defendant to the custody of the sheriff until the termination of the case in this court. The policy of the law is against allowing the status to be changed until the final termination of a' case in the court of last resort, and notice of certiorari, appeal bonds, counter-affidavits and bonds, filing bills of exception under the Civil Code, § 5552, perform the office of a supersedeas without the intervention of the judge. Under the Civil Code, § 4925 the…
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