Legal Opinion

Lewis v. Board of Commissioners of Roads & Revenues

Supreme Court of Georgia

Decided April 10, 1883PublishedCited by 11 opinions

Auditors. Parties. Res adjudicata. Practice in Superior Court. Bonds. Officers. Contracts. Principal and Surety. Estoppel. Before Judge Branham. Gordon Superior Court.

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Auditors. Parties. Res adjudicata. Practice in Superior Court. Bonds. Officers. Contracts. Principal and Surety. Estoppel. Before Judge Branham. Gordon Superior Court. August Term, 1882. To the report contained in the decision it is necessary to add only the following: One ground of the affidavit of illegality filed by the sureties to one of the executions was as follows: “ That at the time the pretended bond of J. H. Arthur was signed by them, and before it was left with D. W. Neal, the ordinary of said county, they distinctly notified said ordinary that they had signed the same on the…

1Opinion of the Court

Hall, Justice.

Two fi. fas. were issued against the county treasurer of Gordon county and his sureties, for his default in paying over the taxes due to the county in the years severally set forth in each of them. To these fi.fas. the tax collector filed affidavits of illegality, and the sureties also filed such affidavits. The affidavits of the principal and sureties, made separately, were alike in all respects, except that there was one ground in the latter which was not in the former. The fi.fas. and affidavits were returned to Gordon superior court. The affidavits of the principal and…

2Cases cited1 opinion

  1. State ex rel. McCarty v. PepperIndiana Supreme Court · 1869

3Cited by11 opinions

  1. Heitmann v. Commercial BankCourt of Appeals of Georgia · 1909
  2. Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
  3. Anderson v. GoodwinSupreme Court of Georgia · 1906
  4. Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
  5. Wilkes v. CarterSupreme Court of Georgia · 1919

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