Burkhalter v. Bullock
Supreme Court of Georgia
Motion, in Marion Superior Court. Decision by Judge Worrell, February Term, 1855. Burkhalter recovered a judgment against Bulloch, from which Bulloch appealed, paying costs and giving security. At the first term of the appeal, a motion was made to dismiss the same, on the ground that the security was insufficient; and that if ever sufficient, it had become insufficient pending the appeal. Issue was joined on these grounds by Bulloch, , and found against him.
Read the full summary
Motion, in Marion Superior Court. Decision by Judge Worrell, February Term, 1855. Burkhalter recovered a judgment against Bulloch, from which Bulloch appealed, paying costs and giving security. At the first term of the appeal, a motion was made to dismiss the same, on the ground that the security was insufficient; and that if ever sufficient, it had become insufficient pending the appeal. Issue was joined on these grounds by Bulloch, , and found against him. Bulloch then proposed to file his affidavit, that from his poverty he was then unable to pay the . costs and give the security, in terms…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
In this case, the motion of the appellee, Burkhalter, was to dismiss the appeal on one or the other of two grounds, viz: that the sureties of Bullock, the appellant, were insolvent at the time when the appeal was entered, or that they had become insolvent since the appeal was entered. “ And therefore,” says the bill of exceptions, “ said Bullock joined issue upon said motion, as to the solvency of said securities, at the time said appeal was entered, or as to- the solvency or insolvency of said securities, pending said appeal, which issue was…
2Cited by2 opinions
- Booten v. Bank of the Empire StateSupreme Court of Georgia · 1881
- Sample v. Cary & StanfordSupreme Court of Georgia · 1856