Gibson v. Robinson
Supreme Court of Georgia
Administrator’s bond. Pleading. Evidence. Principal and surety. Judgment. Sheriff’s return. Before Judge Ross. City court of Macon. 1. This was an action on an administrator’s bond. The defendants demurred to the declaration, because the bond sued on, or a copy, was not attached thereto. It is assigned as error that the court overruled the demurrer without requiring the plaintiff' to attach such copy, and without an offer by plaintiff' to do so.
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Administrator’s bond. Pleading. Evidence. Principal and surety. Judgment. Sheriff’s return. Before Judge Ross. City court of Macon. 1. This was an action on an administrator’s bond. The defendants demurred to the declaration, because the bond sued on, or a copy, was not attached thereto. It is assigned as error that the court overruled the demurrer without requiring the plaintiff' to attach such copy, and without an offer by plaintiff' to do so. The declaration alleged that on the 31st of August, 1889, O. O. Gibson of Jones county, and W. O. Gibson of Bibb county, entered into an…
1Opinion of the Court
Lumpkin, Justice.
1. The plaintiffs in their declaration set forth substantially the contents of the bond sued on, and the facts constituting a breach thereof. Certainly, this is all that could be required of them. The form of pleading set forth in section 3391 of the code, commonly known as one of the “short” forms, is but cumulative in its character ; its use is permissive, not obligatory. It follows, without argument, that there was no merit in the objection urged to the admission of the bond itself in evidence, on the ground that neither the original bond nor a copy thereof being attached…
2Cases cited11 opinions
- Mitchell v. MitchellSupreme Court of Georgia · 1869
- Bryant v. OwenSupreme Court of Georgia · 1846
- Dupont v. MayoSupreme Court of Georgia · 1876
- Haynes v. CowenSupreme Court of Kansas · 1875
- Henderson v. CargillMississippi Supreme Court · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Boozer v. HigdonSupreme Court of Georgia · 1984
- Watson v. JonesSupreme Court of Florida · 1899
- Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
- Stringfellow v. StringfellowSupreme Court of Georgia · 1900
- Holcombe v. JonesSupreme Court of Georgia · 1944
46 more not listed; retrieve them via the Exa API.