Legal Opinion

Dieter v. Ragsdale

Supreme Court of Georgia

Decided June 9, 1904PublishedCited by 2 opinions

Appeal. Before Judge Gobef. Cherokee superior court. August term, 1903. ,

1Opinion of the Court

Simmons, C. .1,

1. It was error to dismiss an appeal from a justice’s court to the superior court because the magistrate did not send up with the appeal papers a certificate or other evidence that the costs had been paid. Gibson v. Cook, 116 Ga. 817.

2. Where such an appeal is entered and a bond given as prescribed by the code, there is no law requiring that such bond be approved by the justice of the peace. Civil Code, §4468. If the bond is not sufficient, the adverse party may except to the security and have the bond strengthened or the appeal dismissed. Ibid. § 6632.

3. Where in the body of…

2Cases cited2 opinions

  1. Kimbrough v. PittsSupreme Court of Georgia · 1879
  2. Gibson v. CookSupreme Court of Georgia · 1902

3Cited by2 opinions

  1. Cohen v. BrunsonCourt of Appeals of Georgia · 1914
  2. Wright v. Walker County Fertilizer Co.Supreme Court of Georgia · 1927

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