Hendrix & McBurney v. Mason
Supreme Court of Georgia
Gertiovari. Justice Courts. Bonds. Amendment. Before Judge Hillyer. Eulton Superior Court. April Term, 1882. Hendrix & McBurney sued Mason in the justice’s court of the 1026th district G. M., on an open account for $75.00. When the case was called for trial, the defendant not being-present, judgment -was rendered for the plaintiffs.
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Gertiovari. Justice Courts. Bonds. Amendment. Before Judge Hillyer. Eulton Superior Court. April Term, 1882. Hendrix & McBurney sued Mason in the justice’s court of the 1026th district G. M., on an open account for $75.00. When the case was called for trial, the defendant not being-present, judgment -was rendered for the plaintiffs. Two days later, G. W. Adair, the duly authorized agent and attorney in fact for Mason, the latter being sick, went to the office of the justice of the peace and offered to enter an appeal to a jury in that court. He proposed to deposit an amount of money as…
1Opinion of the Court
Jackson, Chief Justice.
The superior court sustained a certiorari to a justice’s court, granted to John Mason against Hendrix & McBurney; whereupon the latter excepted, and assign for error that the superior court erred, first, in not dismissing the writ of certiorari because the bond was executed before a commercial notary public; secondly, in sustaining the certiorari and remanding the case for trial before a jury in the justice’s court; and thirdly, in holding that the appeal bond for jury trial in the justice’s court was amendable.
1. The statute requires that the applicant give a bond, in…
2Cases cited2 opinions
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