Price v. Carlton
Supreme Court of Georgia
Distress warrant. Before Judge Holden, Oglethorpe superior ■court. January 25, 1904. On March 4, 1886, J. H. Newton and Thomas Hawkins entered into a written agreement, reciting that Newton had agreed “ to bargain,” “ to sell,” to Hawkins a part of what was known as the Billups tract of land.
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Distress warrant. Before Judge Holden, Oglethorpe superior ■court. January 25, 1904. On March 4, 1886, J. H. Newton and Thomas Hawkins entered into a written agreement, reciting that Newton had agreed “ to bargain,” “ to sell,” to Hawkins a part of what was known as the Billups tract of land. The contract provided that if by January 1, 1896, or at any time previous thereto, it should become “evident and beyond a doubt” that Hawkins could nob pay for the land, the agreement relating to the purchase of the land should be void, “and a final settlement relative to the purchase and sale of the…
1Opinion of the CourtFish, P. J.
(After stating the foregoing facts.) 1. As a general rule, a surety on an eventual condemnation-money bond has no right to be heard in the proceeding against his principal, in which the bond was given. In Holmes v. Langston, 110 Ga. 861, 869, sureties on a bail-bond in an action of trover, one of the obligations of which was, like the bond in the present case, to pay the eventual condemnation-money, sought to intervene in the bailtrover proceeding. Their prayer to be made parties was denied; and this judgment was affirmed by this court. In the opinion (on page 869) it was said: The securities…
2Cases cited29 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Gibson v. RobinsonSupreme Court of Georgia · 1893
- Bethune v. DozierSupreme Court of Georgia · 1851
24 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
- United States Casualty Co. v. SmithCourt of Appeals of Georgia · 1925
- Allen v. AllenSupreme Court of Georgia · 1922
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Harris v. SheffieldSupreme Court of Georgia · 1907
19 more not listed; retrieve them via the Exa API.