Head v. Woods
Supreme Court of Georgia
Action on forthcoming bond. Before Judge Fish. Sumter superior court. November term, 1891. To the levy of an execution against Tom IJart.a claim was interposed by I. N. Hart as agent of M. E. Hart. The property was found subject, and was advertised to be sold, but was not produced at tbe time and place of sale.
Read the full summary
Action on forthcoming bond. Before Judge Fish. Sumter superior court. November term, 1891. To the levy of an execution against Tom IJart.a claim was interposed by I. N. Hart as agent of M. E. Hart. The property was found subject, and was advertised to be sold, but was not produced at tbe time and place of sale. On tbe trial of b suit on the forthcoming bond, tbe surety therein objected to tbe admission in evidence of tbe bond and claim papers, on tbe ground that there was no authority of law for I. N. Hart to sign the bond as agent for M. E. Hart without evidence of such authority having been…
1Opinion of the Court
*548 Judgment affirmed.
The plaintiff introduced a certified copy of the verdict and judgment in the claim case. The certificate was dated September 11, 1889. In the caption of the copy appeared “ September term, 1888.” At" the close of the judgment, as transcribed,were the words, “Judgment signed this Sept. 27th, 1889.” The surety objected that the certificate showed on its face that it was not true, and on this account the alleged judgment was not admissible. E. F. Hinton and E. H. Cutts, for plaintiff in error. J. H. Lumpkin and "W. H. & C. R. McCrory, contra.
2Cited by2 opinions
- Daniel v. StateSupreme Court of Georgia · 1902
- United States Fidelity & Guaranty Co. v. MurphyCourt of Appeals of Georgia · 1908