Legal Opinion

Peppers v. Coil

Supreme Court of Georgia

Decided March 25, 1901PublishedCited by 1 opinion

Equitable petition. Before Judge Russell. Jackson superior court. February 15, 1900.

1Opinion of the CourtSimmons, C. J.

1. Where in the foreclosure of a landlord’s lien the defendant-contested the lien and gave a replevy bond for the eventual condemnation-money, and the case was appealed to the superior court, where the jury found •against the defendant, it was legal and proper to enter up judgment against the defendant, and also against the sureties on the replevy bond, without further notice to them. Civil Code, §§ 2817, 5342.

2. In such a proceeding it was not necessary for the levying officer to take a forthcoming bond. Civil Code, §2816, par. 8 ; Herrington v. Saulsbury, 52 Ga. 396 ; Wynn v. Knight, 53 Ga.…

2Cases cited2 opinions

  1. Herring v. Saulsbury, Respess & Co.Supreme Court of Georgia · 1874
  2. Wynn v. KnightSupreme Court of Georgia · 1875

3Cited by1 opinion

  1. Autry v. Southern Railway Co.Supreme Court of Georgia · 1928

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