Reed v. Sullivan
Supreme Court of Georgia
This was a motion to quash ca. sa., issued from a judgment rendered upon scire facias against the plaintiff in error, as bail of another, which judgment was rendered upon motion, and without the intervention of a jury trial. This motion was tried before Judge Alexander, in Muscogee Superior Court, May Term, 1846, and, after argument, the motion was overruled ; to which the plaintiff in error excepted. For further particulars, see the opinion of the court.
1Opinion of the Court
By the Court
Nisbet, Judge.
Scire facias issued in this case to charge bail, and being served, and the defendant filing no plea, judgment was rendered against him upon motion. A ca. sa. having issued upon this judgment, it was moved to quash it, upon the ground that the judgment on the scire facias was rendered against the bail without the intervention of a jury. This motion was overruled by the court below, and thereupon error is assigned. The plaintiff in error contends that the scire facias is an action ; that the defendant is entitled to plead thereto ; and being entitled, by the…
2Cited by4 opinions
- Garner v. ChambersCourt of Appeals of Georgia · 1947
- State v. SlaughterSupreme Court of Georgia · 1980
- Fielding v. M. Rich & Bros.Court of Appeals of Georgia · 1933
- American National Bank v. HodgesCourt of Appeals of Georgia · 1930