Legal Opinion
Seaboard Air-Line Railway v. Rosenbusch
Court of Appeals of Georgia
Decided January 22, 1913No. 4504PublishedCited by 6 opinions
Certiorari; from Fulton superior court—Judge Bell. September 25, 1912.
1Opinion of the CourtPottle, J.
1. The power of attorney of one who signs a certiorari bond as attorney in fact for the surety must accompany the bond. Southern Express Company v. Wheeler, 72 Ga. 210; Harwell v. Marshall, 125 Ga. 451 (54 S. E. 93) ; Anderson v. Southern Ry. Co., 9 Ga. App. 199 (70 S. E. 983).
2. Even if such a bond is amendable in the superior court by attaching the power of attorney, an offer to amend by attaching what purports to be a copy of such power is not sufficient; especially so when there is no proof of the existence of an original. Judgment affirmed.
2Cases cited3 opinions
- Southern Express Co. v. WheelerSupreme Court of Georgia · 1883
- Harwell v. MarshallSupreme Court of Georgia · 1906
- Anderson v. Southern Railway Co.Court of Appeals of Georgia · 1911
3Cited by6 opinions
- Maddox v. WaldropCourt of Appeals of Georgia · 1939
- Head v. WaldrupSupreme Court of Georgia · 1944
- American National Insurance v. JordanCourt of Appeals of Georgia · 1921
- Hunter v. LanierCourt of Appeals of Georgia · 1946
- Sabin-Robbins Paper Company v. WilsonCourt of Appeals of Georgia · 1943
1 more not listed; retrieve them via the Exa API.