Lytle v. DeVaughn
Supreme Court of Georgia
Bonds. Amendment. Practice in superior court. 'Before Judge Fort. Macon superior court. Novem-. ber term, 1887. De Vaughn foreclosed a mortgage upon certain personal property of Lytle, for $311.72 principal, $4.15 interest, and $31.58 attorneys’ fees, with costs, and interest on the principal from December 16th, 1886. Fi. fa. issuing upon the foreclosure was levied on the property December 18th, 1886. Lytle filed an affidavit of illegality upon various grounds.
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Bonds. Amendment. Practice in superior court. 'Before Judge Fort. Macon superior court. Novem-. ber term, 1887. De Vaughn foreclosed a mortgage upon certain personal property of Lytle, for $311.72 principal, $4.15 interest, and $31.58 attorneys’ fees, with costs, and interest on the principal from December 16th, 1886. Fi. fa. issuing upon the foreclosure was levied on the property December 18th, 1886. Lytle filed an affidavit of illegality upon various grounds. He also gave a replevy bond for the sum of $633.44. The condition stated was: , “Now should the said W. W. Lytle return the said…
1Opinion of the Court
Bleckley, Chief Justice.
1. The bond required by statute, (code, §8976,) in order to entitle the mortgagor to a hearing on his affidavit of illegality, was .in a'larger penalty and with a somewhat different condition from that expressed in the bond which was given in this case. But the offer to amend in both respects, which was made pending the proceeding in the court below, ought to have been allowed. By the code, §3504, “ an appeal bond and all other bonds taken under requisition of law in the course of a judicial proceeding, may be amended, and new security *228given if necessary.” The bond in…
2Cases cited1 opinion
- Brantley v. BakerSupreme Court of Georgia · 1886
3Cited by29 opinions
- Freeman v. BrownSupreme Court of Georgia · 1902
- Alexander v. ChipsteadSupreme Court of Georgia · 1922
- Cureton v. CuretonSupreme Court of Georgia · 1904
- Conley v. PopeSupreme Court of Georgia · 1925
- Foy v. McCrarySupreme Court of Georgia · 1924
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