Elam v. Kelley
Supreme Court of Georgia
Action upon bond. Before Judge Walker. Lincoln superior court. October 23, 1917. In the case of J. W. Kelley, sheriff, for the use of Groves and Flanigan, against Shepard Elam, principal, and J. W. Bentley, surety, the same being an action for damages for the breach of a forthcoming bond, the defendant E. W. Bentley, surety on the bond, filed an equitable plea, which admitted liability for the breach of the bond, but averred that the bond was breached under a misapprehension…
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Action upon bond. Before Judge Walker. Lincoln superior court. October 23, 1917. In the case of J. W. Kelley, sheriff, for the use of Groves and Flanigan, against Shepard Elam, principal, and J. W. Bentley, surety, the same being an action for damages for the breach of a forthcoming bond, the defendant E. W. Bentley, surety on the bond, filed an equitable plea, which admitted liability for the breach of the bond, but averred that the bond was breached under a misapprehension of law; and that the surety had certain liens on the property for the forthcoming of which the bond was given,, which…
1Opinion of the CourtHill, J.
This case is controlled by the principle decided in Barfield v. Covington, 103 Ga. 190 (29 S. E. 759); and the court did not err in sustaining a demurrer to the amended plea of the defendant who was surety on the forthcoming bond, nor in entering the judgment complained of. Judgment affirmed.
All the Justices concur. Burnside & McWhorter, for plaintiffs in error C. J. Perryman, contra.
2Cases cited1 opinion
- Barfield v. CovingtonSupreme Court of Georgia · 1897
3Cited by1 opinion
- Alexander v. SnowSupreme Court of Georgia · 1919