Griffin v. Moore
Supreme Court of Georgia
From Taliaferro Superior Court. Scire facias against bail. Tried before Judge Sayre. March Term, 1847. The plaintiff in error became the bail of one Turley. Final judgment was obtained for the demand sued on, and capias ad satisfaciendum issued thereon, and non est inventus returned.
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From Taliaferro Superior Court. Scire facias against bail. Tried before Judge Sayre. March Term, 1847. The plaintiff in error became the bail of one Turley. Final judgment was obtained for the demand sued on, and capias ad satisfaciendum issued thereon, and non est inventus returned. Scire facias was then issued against the bail, and upon the trial thereof the plaintiff in error who was the bail, offered to prove by parol evidence, that she had surrendered her principal during the session of a previous term of the court. This testimony being objected - to, was overruled by the Court below,…
1Opinion of the Court
By the Court
Warner, J.
delivering the opinion.
Two grounds of error are assigned in this case to the decision of the Circuit Court.
First. That the Court erred in deciding that it was not compe*334tent for the security on the hail bond to prove a surrender of his principal during term time, by parol testimony.
Second. That the Court below erred in withholding from the jury all evidence of the death of Turley, the principal in the bail bond, after the return of non est inventus on the capias ad satisfaciendum, holding that the debt then became fixed upon the bail, so as not to be discharged by the…
2Cited by5 opinions
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- Paris v. StateCourt of Appeals of Georgia · 1920