Brumby v. Barnard
Supreme Court of Georgia
Continuance. Bond. Evidence. Contracts. Before Judge Rice. Clarke Superior Court. August Term, 1877. Barnard, as agent of the Georgia Railroad, brought complaint against Brumby and Tlunnicut, on a bond the condition of which was as follows: “ The condition of this bond is such, that whereas the said Barnard, agent as aforesaid, has delivered to the said Brumby certain twenty-seven car-loads of t,an-bark to be hauled to the premises of the said Brumby, and there stowed safely…
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Continuance. Bond. Evidence. Contracts. Before Judge Rice. Clarke Superior Court. August Term, 1877. Barnard, as agent of the Georgia Railroad, brought complaint against Brumby and Tlunnicut, on a bond the condition of which was as follows: “ The condition of this bond is such, that whereas the said Barnard, agent as aforesaid, has delivered to the said Brumby certain twenty-seven car-loads of t,an-bark to be hauled to the premises of the said Brumby, and there stowed safely and free of charge or expense to the said Ga. R. R. & B’g Co. Now should the said Brumby safely and faithfully store…
1Opinion of the Court
Bleckley, Judge.
1. The writer of this opinion knows from personal experience that an invalid may be able to ramble among the mountains and fish a little for speckled trout, without being fit for business in the court-house. The other members of the court are weak in the faith, and seem loath to recognize a state of health so ambiguous. We all think that, as the defense on the record was not sound in law, the refusal of a continuance to establish it was not positive error.
2. The bond was to produce certain property or pay a certain debt. Which they would do was at the option of the obligors.…
2Cases cited4 opinions
- Lampman v. . CochranNew York Court of Appeals · 1857
- M'Nitt v. ClarkNew York Supreme Court · 1811
- Swift v. CrowSupreme Court of Georgia · 1855
- Lampman v. CochranNew York Supreme Court · 1853
3Cited by6 opinions
- Wilcoxon v. AldredgeSupreme Court of Georgia · 1941
- Home Distilling Co. v. HimmelWest Virginia Supreme Court · 1914
- Reese v. Worsham & Co.Supreme Court of Georgia · 1900
- Jones v. ShortOregon Supreme Court · 1909
- Ruthton Co-Operative Creamery Co. v. Ruthton State BankSupreme Court of Minnesota · 1927
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