McFarland v. Lee
Court of Appeals of Georgia
Action on bond; from city court of Lumpkin — Judge Nicholson presiding.
1Opinion of the CourtPottle, J.
1. Exception to a judgment refusing to allow an amendment to an answer can not properly be made in a motion for a new trial.
2. In a suit upon a forthcoming' bond, the only question to be decided is whether or not there has been a breach of the bond. No issue can properly be raised as to the title of the property involved. Rowland v. Page, 4 Ga. App. 269 (61 S. E. 148).
3. The evidence authorized a finding' that no claim had been interposed. This being so, the bond sued upon and which was given as the foundation of a claim is to be treated as a voluntary obligation. A recital in the bond that…
2Cases cited2 opinions
- Rowland v. PageCourt of Appeals of Georgia · 1908
- Jones v. KendrickSupreme Court of Georgia · 1894
3Cited by5 opinions
- Wilkinson v. StateCourt of Appeals of Georgia · 1916
- Simmons v. LanfordCourt of Appeals of Georgia · 1918
- Peacock Hardware Co. v. AllenCourt of Appeals of Georgia · 1925
- Rice v. LowryCourt of Appeals of Georgia · 1918
- Reese v. BrinkleyCourt of Appeals of Georgia · 1922