Legal Opinion

McFarland v. Lee

Court of Appeals of Georgia

Decided March 6, 1912No. 3762PublishedCited by 5 opinions

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

  1. Rowland v. PageCourt of Appeals of Georgia · 1908
  2. Jones v. KendrickSupreme Court of Georgia · 1894

3Cited by5 opinions

  1. Wilkinson v. StateCourt of Appeals of Georgia · 1916
  2. Simmons v. LanfordCourt of Appeals of Georgia · 1918
  3. Peacock Hardware Co. v. AllenCourt of Appeals of Georgia · 1925
  4. Rice v. LowryCourt of Appeals of Georgia · 1918
  5. Reese v. BrinkleyCourt of Appeals of Georgia · 1922

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