Legal Opinion

Fisher v. Pearson

Court of Appeals of Georgia

Decided March 28, 1907No. 215PublishedCited by 4 opinions

Appeal, from Irwin superior court — Judge Martin. December 26, 1906.

1Opinion of the CourtPowell, J.

1. A writ of error lies to a judgment in a superior court refusing a motion to reinstate a dismissed appeal case. Van Dyke v. Van Dyke, 120 Ga. 984; Aiken v. Peck, 72 Ga. 434.

2. When, in case of attachment served by process of garnishment, judgment has been entered against the defendant in attachment, and also against the garnishee, for the full amount sued for, and the defendant appeals, with the garnishee as sole surety on his appeal bond, such bond is a nullity, and the appeal is properly dismissed. McMurria v. Powell, 120 Ga. 766; Napier v. Woodall, 118 Ga. 830 (2) ; Harvely v. *518Daley, 112…

2Cases cited9 opinions

  1. Van Dyke v. Van DykeSupreme Court of Georgia · 1904
  2. Benson v. ShinesSupreme Court of Georgia · 1899
  3. Aiken v. Peck & AllenSupreme Court of Georgia · 1884
  4. Gordon v. RobertsonSupreme Court of Georgia · 1858
  5. Harvely v. Daly & Co.Supreme Court of Georgia · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Samples v. SamplesSupreme Court of Georgia · 1942
  2. Maddox v. WaldropCourt of Appeals of Georgia · 1939
  3. Hines v. International Harvester Co.Court of Appeals of Georgia · 1910
  4. Paschal & Son v. Moline Jewelry Co.Court of Appeals of Georgia · 1907

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