Justices of the Inferior Court of Irwin County ex rel. Hunter v. Sloan
Supreme Court of Georgia
Debt on guardian’s bond. Tried in Irwin Superior Court, March Term, 1849, before Judge Scarborough, This was an action on a guardian’s bond, dated 14th January, 1839, and recorded 14th November, 1839. The-bond did not appear on its face to have been approved or attested by any person.
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Debt on guardian’s bond. Tried in Irwin Superior Court, March Term, 1849, before Judge Scarborough, This was an action on a guardian’s bond, dated 14th January, 1839, and recorded 14th November, 1839. The-bond did not appear on its face to have been approved or attested by any person. Upon the trial, a certified copy of the bond was offered in evidence, to which the counsel for defendants objected— 1st. Because the bond shows on its face, that William Sloan i» principal, and the other defendants are his securities, and there being no allegation in the declaration, that a devastavit had been…
1Opinion of the Court
By the Court. —
Nisbet, J.
delivering the opinion.
We think the bond in this case good as a voluntary bond. See Stephens et al. vs. Crawford, use of Ward, 1 Kelly, 574, and 3 Kelly, 499.
[1.] Several questions were made as to the execution of the bond, all of which were properly overruled. Without inquiring whether any of them could be sustained upon principle, it is enough to say, that there was no plea of non est factum filed by *35tlie defendant; and, therefore, the question of execution was not legally made. 3 Kelly, 499.
[2.] The great question made is, whether, under the Act of 13th December,…
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- Ray v. Justices of the Inferior CourtSupreme Court of Georgia · 1849
- Siglar and Nall, Administrators of William Nall, Deceased, in Error v. John Haywood, Public Treasurer of the State of North Carolina, in ErrorSupreme Court of the United States · 1823
- Pope v. RobinsonSupreme Court of Alabama · 1828
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