Brantley v. Baker

1. The giving of a bond is a condition precedent to the return of the papers to court for trial, where an affidavit of illegality is tendered to the execution issued on the foreclosure of a chattel mortgage; and if the bond be not conditioned substantially as the statute requires, the papers ought not to be returned to court and the sale suspended. Code, §3976; 61 Ga., 390, 391.

2. The condition of the bond prescribed by the statute is “for the return of the property when called for by the levying officer.” This requirement is not met by a bond the condition of which is that the defendant…