Harris v. Woodard
Supreme Court of Georgia
1. There is no conflict in the decisions of this court to the effect that a power to execute an instrument under seal must be conferred by an instrument under seal (Neely & Go. v. Stevens, 138 Ga. 305, 75 S. E. 159) and the decision in Harris v. Woodard, 142 Ga. 297 (82 S. E. 902), to the effect that under the facts of the case, when, in pursuance of an order requiring the filing of a bond as a condition of the grant or continuance of an injunction, a bond was filed…
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1. There is no conflict in the decisions of this court to the effect that a power to execute an instrument under seal must be conferred by an instrument under seal (Neely & Go. v. Stevens, 138 Ga. 305, 75 S. E. 159) and the decision in Harris v. Woodard, 142 Ga. 297 (82 S. E. 902), to the effect that under the facts of the case, when, in pursuance of an order requiring the filing of a bond as a condition of the grant or continuance of an injunction, a bond was filed purporting to be signed by the principal through his attorney of record, and, with knowledge of the fact, a status was thus…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
An idea of the litigation out of which the present case arises may be obtained by referring to Harris v. Gano, 117 Ga. 934 (44 *212S. E. 11); Harris v. Gano & Jennings, 117 Ga. 950 (44 S. E. 8); Harris v. Woodard, 133 Ga. 104 (65 S. E. 250); Woodard v. Harris, 138 Ga. 751 (76 S. E. 49); Harris v. Woodard, 142 Ga. 297 (82 S. E. 902). In a suit on a bond given in pursuance of an order of court, for the purpose of obtaining the grant of an injunction, the defendants, among other things, pleaded non est factum. On the trial a verdict was directed against them.…
2Cases cited11 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Smiley v. KansasSupreme Court of the United States · 1905
- Meyer v. RichmondSupreme Court of the United States · 1898
- Harris v. WoodardSupreme Court of Georgia · 1909
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3Cited by3 opinions
- Hall v. First National BankCourt of Appeals of Georgia · 1954
- Travel Centre, Ltd. v. Starr-Mathews Agency, Inc.Court of Appeals of Georgia · 1985
- Evans v. WoodardSupreme Court of Georgia · 1916