Sims & Auchmuty v. Clark & Co.
Supreme Court of Georgia
Before Judge Attaway. City court of Cartersville. March term, 1892. Action in the city court of Cartersville, Bartow county, by Clark & Co. against Sims & Auchmuty as principals and McGinnis as guarantor, on an account for $149.65 balance of principal. The verdict was for the plaintiffs, and the defendants excepted to the overruling of their demurrers.
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Before Judge Attaway. City court of Cartersville. March term, 1892. Action in the city court of Cartersville, Bartow county, by Clark & Co. against Sims & Auchmuty as principals and McGinnis as guarantor, on an account for $149.65 balance of principal. The verdict was for the plaintiffs, and the defendants excepted to the overruling of their demurrers. The declaration alleged that the principal debtors, of Polk county, bought of plaintiffs the articles shown in the attached bill of particulai-s, and in the same month. McGinnis, of Bartow county, gave to plaintiff's his-guaranty in writing for…
1Opinion of the Court
Bleckley, Chief Justice.
1. The suit was in Bartow county, where McGinnis, the guarantor, resided, and the declaration showed on its face that Sims & Auchmuty, the debtors by account, resided in Polk county. The latter demurred because there was no jurisdiction as to them. This point was well taken. These debtors were entitled to be sued in the county of their residence, and there was no jurisdiction over them elsewhere. Code, sections 5172, 3402, 3404. Debtors by mere account are not joint makers or promissors with one who has by a separate contract guaranteed payment of the account. The two…
2Cited by19 opinions
- Etheridge v. Rawleigh Co.Court of Appeals of Georgia · 1923
- Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
- Durham v. GreenwoldSupreme Court of Georgia · 1939
- General Finance Corp. v. WelbornCourt of Appeals of Georgia · 1958
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