Sanders v. Mathewson
Supreme Court of Georgia
Appeal. Before Judge Holden. Elbert superior court. March 17, 1904. Mathewson brought' two suits before W. M. Grogan, N. P. and ex-off. J. P., against Mrs. Sanders.
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Appeal. Before Judge Holden. Elbert superior court. March 17, 1904. Mathewson brought' two suits before W. M. Grogan, N. P. and ex-off. J. P., against Mrs. Sanders. She confessed judgment, and within the time allowed by law gave notice of appeal in both cases, paid the cost, demanded an appeal to a jury in the superior court, “ and brings Mrs. Jennie L. Heard and tenders her as her security, and they, the said Corrie Sanders as principal, and the said Mrs. Jennie L. Heard as security, hereby acknowledge themselves bound unto the' said plaintiff, J. D. Mathewson, for the eventual…
1Opinion of the CourtLamar, J.
The judiciary act of 1799 required the appellant to give security, but said nothing about his signing a bond. The right to enter up judgment, and the whole scope of the act, however, clearly indicated that the security was not to be in the shape of a pledge or deposit, but in the form of a bond or recognizance, whether the same was by a separate instrument, or, as in Shirley v. Price, 30 Ga. 328, by a recognizance entered on the docket of the justice and signed only by the sureties. In every instance where the question has been passed on by this court, a bond of some sort had been actually…
2Cases cited6 opinions
- Nisbet v. LawsonSupreme Court of Georgia · 1846
- Bower v. PattersonSupreme Court of Georgia · 1902
- Shirley v. PriceSupreme Court of Georgia · 1860
- King Hardware Co. v. BowdenSupreme Court of Georgia · 1901
- Kline v. Swift Specific Co.Supreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ringgold v. GrahamTexas Commission of Appeals · 1929
- Hays v. EubanksSupreme Court of Georgia · 1906
- Holston Box & Lumber Co. v. HolcombCourt of Appeals of Georgia · 1923
- Associates Discount Corp. v. WillardCourt of Appeals of Georgia · 1959
- Ganns v. WorrellSupreme Court of Georgia · 1960
2 more not listed; retrieve them via the Exa API.