Rowe v. Ware
Supreme Court of Georgia
Debt on Guardian’s bond, in Wilkinson Superior Court. Tried before Judge Hansell, at April Term, 1860. This was an action of debt brought by Freeman H. Rowe, Ordinary of Laurens county, for the use of James A. Wright, a minor, against John M. Ware, principal, and Charles Hooks, Love Herndon, Bartlett W. Bell and James Taylor, securities on a guardianship bond, given to said Ordinary for the faithful discharge of the duties of said John W. as guardian of James A. Wright, a…
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Debt on Guardian’s bond, in Wilkinson Superior Court. Tried before Judge Hansell, at April Term, 1860. This was an action of debt brought by Freeman H. Rowe, Ordinary of Laurens county, for the use of James A. Wright, a minor, against John M. Ware, principal, and Charles Hooks, Love Herndon, Bartlett W. Bell and James Taylor, securities on a guardianship bond, given to said Ordinary for the faithful discharge of the duties of said John W. as guardian of James A. Wright, a minor child of John Wright, deceased. The declaration contained three assignments of breaches of the condition of said…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion,
1. Bell was not a competent witness against those sued as his co-sureties, on an issue of non est factum, for the direct effect of his testimony was to fix them as sureties with himself, and so divide and lessen his own liability. There was, therefore, no error in refusing a continuance to get his evidence.
2. The same reason does not apply to Taylor, for he was not served, and therefore was not to be bound to anybody nor anybody bound to him by the judgment; but another reason which disposes of all the assignments of error, rendered his…
2Cited by11 opinions
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- United Leather Co. v. ProudfitSupreme Court of Georgia · 1921
- Allen v. MontgomeryCourt of Appeals of Georgia · 1920
- Overman v. AtkinsonSupreme Court of Georgia · 1897
- Brannon v. StateCourt of Appeals of Georgia · 1917
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