Walsh v. Colquitt
Supreme Court of Georgia
Principal and surety. Bonds. Officers. Contracts. Novation. Jurisdiction. Practice in the Superior Court. Before Judge Hillyer. DeKalb Superior Court. September Term, 1879. To the report contained in the decision it is only necessary to add that the following were among the grounds of the motion for new trial made by Walsh et al.: (1) . Because the court sustained plaintiff’s demurrer to defendants’ plea to the jurisdiction.
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Principal and surety. Bonds. Officers. Contracts. Novation. Jurisdiction. Practice in the Superior Court. Before Judge Hillyer. DeKalb Superior Court. September Term, 1879. To the report contained in the decision it is only necessary to add that the following were among the grounds of the motion for new trial made by Walsh et al.: (1) . Because the court sustained plaintiff’s demurrer to defendants’ plea to the jurisdiction. (2) . Because the court refused to charge the following request of defendants’ counsel:' “ Where plaintiff seeks to show that the surety has consented to a change of…
1Opinion of the Court
Warner, Chief Justice.
This was an action brought by the plaintiff against the defendants on a bond executed by them in the sum of $10,000.00, signed by Alston, as principal, and by Walsh and Adair, as securities, conditioned for the faithful per*743formance by Alston of the duties of public printer of the state. The alleged breach of the bond is that Alston had received $5,000.00 under a resolution of the general assembly, and had failed to account for the same, and had appropriated it to his own use, etc., and that Alston was further liable in the sum of $3,000.00 as liquidated damages. The…
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