Aycock v. Leitner
Supreme Court of Georgia
Certiorari, from Cass county. Decision by Judge Crook, March Term, 1859. The following are the facts of this case: Henry D. Leitner brought suit against Charles A. Hamilton, and held him to bail, in the Inferior Court of Cass county. John C. Aycock became his surety in the bail bond.
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Certiorari, from Cass county. Decision by Judge Crook, March Term, 1859. The following are the facts of this case: Henry D. Leitner brought suit against Charles A. Hamilton, and held him to bail, in the Inferior Court of Cass county. John C. Aycock became his surety in the bail bond. Judgment was obtained against Hamilton, November 24th, 1856, and a Ji. fa. issued December 10th, 1856, which was returned by the Sheriff “ no property” 23d May, 1857. On the 25th August, 1857, a capias ad satisfaciendum issued, and was returned non est inventus — return dated 11th January, 1S5S, but the return…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Were the objections to the motion to enter up judgment against the bail, good ? The Court below thought they were not, and we think so too.
[1.] The first of them, was, that a fi. fa. was issued before the issuing of the ca. sa. Is there any law that discharges the bail, if a fi. fa., and not a ca. sa., is the first execution issued? We know of none; we were cited to none. Certainly, so far as the principal is concerned, the plaintiff may have first, a fi. fa., and then, a ca. sa. (Tidd Pr. 1005, 986.) Indeed, there is authority, that he may have…
2Cited by1 opinion
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