Legal Opinion

MAYOR &C. OF CITY OF SAVANNAH v. GLENS FALLS &C. CO.

Court of Appeals of Georgia

Decided November 29, 1961No. 39042, 39074PublishedCited by 6 opinions

1Opinion of the Court

Bell, Judge.

The defendant surety’s bill of exceptions assigns error on the overruling of the defendant’s general and special demurrers.

The general demurrer is based on the contention that the petition of the plaintiff shows that there is a fatal variance between the purported contract bond of the defendant, copy of which is attached to the petition, and the alleged contract of its principal, a copy of which is also attached to the petition. The defendant suggests that this fatal variance exists by reason of the fact that the purported bond of the defendant was signed, sealed, and dated August…

2Cases cited5 opinions

  1. Bethune v. DozierSupreme Court of Georgia · 1851
  2. Glens Falls Indemnity Co. v. Southeastern Construction Co.Supreme Court of Georgia · 1950
  3. Tate v. National Surety Corp.Court of Appeals of Georgia · 1938
  4. Mead v. McGeeSupreme Court of Georgia · 1959
  5. Williams & Meadows v. JohnsonCourt of Appeals of Georgia · 1911

3Cited by6 opinions

  1. The Winston Corporation v. Continental Casualty CompanyCourt of Appeals for the Sixth Circuit · 1975
  2. Peara v. Atlanta Newspapers, Inc.Court of Appeals of Georgia · 1969
  3. Brock Construction Co. v. Houston General InsuranceCourt of Appeals of Georgia · 1978
  4. Stone v. Palm Pool Products, Ltd.Court of Appeals of Georgia · 1991
  5. Winston Corporation v. Continental Casualty CompanyDistrict Court, S.D. Ohio · 1973

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