Gilmer v. Allen
Supreme Court of Georgia
Debt, in Elbert Superior Court. Decision by Judge Baxter, September Term, 1850. This was an action upon a bond given by a claimant for the forthcoming of property, levied on by an attachment. The declaration alleged, that the bond was executed by “John B. Martin, (the claimant,) signing his name by his agent, John C. Martin,” and Singleton W. Allen.
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Debt, in Elbert Superior Court. Decision by Judge Baxter, September Term, 1850. This was an action upon a bond given by a claimant for the forthcoming of property, levied on by an attachment. The declaration alleged, that the bond was executed by “John B. Martin, (the claimant,) signing his name by his agent, John C. Martin,” and Singleton W. Allen. Upon the trial defendant in error, by counsel, demurred to the declaration, upon the ground that there was no Statute of the State, authorizing an agent to execute a forthcoming bond in cases of claim to property levied on by attachment, and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[l.j We are satisfied that there is no Statute in this State authorizing an agent to give a forthcoming bond for property levied on by attachment. Still, we think that the Court erred in sustaining the demurrer to the writ.
[2.] The defendant, by demurring, admits the ability of the plaintiff to sustain all the allegations in his declaration, by proper proof. As, for instance, if the demurrer is to a writ, as being within the Statute of Frauds, it concedes that the plaintiff can prove the promise, in accordance with the provisions of the Statute.
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2Cited by9 opinions
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