Kinney v. Avery & Co.
Court of Appeals of Georgia
Action on bond; from city court of Albany — Judge Clayton Jones. • August 14, 1913.
1Opinion of the CourtPottle, J.
The headnotes set forth the opinion we entertain of the various questions raised in the record. The bond sued on was not a good statutory bond, but was a good common-law obligation, and suit could be maintained on it in the name of the officer for the use of the plaintiffs. Suit could not be brought by plaintiffs not named in the bond as obligees. For this reason the demurrer which raised the point that no cause of action.was set forth in favor of the plaintiffs should have been sustained. The defect, however, is amendable so as to let the suit proceed in the name of the levying officer for…
2Cases cited1 opinion
- Thomasson v. DriskellSupreme Court of Georgia · 1853
3Cited by14 opinions
- Edmonds v. StateSupreme Court of Georgia · 1946
- Carroll v. RichardsCourt of Appeals of Georgia · 1934
- FLOYD & BEASLEY TRANSFER CO., INC. v. CopelandCourt of Appeals of Georgia · 1963
- Hartshorn v. Bank of GoughCourt of Appeals of Georgia · 1914
- Dawson v. Planters BankCourt of Appeals of Georgia · 1924
9 more not listed; retrieve them via the Exa API.