Legal Opinion

Seals, Armour & Co. v. Stocks

Supreme Court of Georgia

Decided November 9, 1896PublishedCited by 9 opinions

Motion to reinstate. Before Judge Hart. Greene' superior court. August term, 1895.

1Opinion of the Court

Lumpkin, Justice.

It is mow well settled that the defendant in an action of bail-trover, which the plaintiff voluntarily dismisses, is ordinarily entitled to a judgment against the latter and his sureties upon the bond given by him nnder section 4606 of the-Civil Code for the purpose of obtaining possession of the-property in dispute. Thomas v. Price, 88 Ga. 533; Block v. Tinsley, 95 Ga. 436. A majority of the court axe, however, of the opinion that the general rule is inapplicable t'o the present case.

It appears that Seals, Armour & Co. brought against Stocks an action of bail-trover for the…

2Cases cited3 opinions

  1. Thomas v. PriceSupreme Court of Georgia · 1892
  2. Bradshaw v. GormerlySupreme Court of Georgia · 1875
  3. Block v. TinsleySupreme Court of Georgia · 1895

3Cited by9 opinions

  1. General Communications Service, Inc. v. Georgia Public Service CommissionSupreme Court of Georgia · 1979
  2. Petty v. Piedmont Fertilizer Co.Supreme Court of Georgia · 1916
  3. Vann v. WilliamsCourt of Appeals of Georgia · 1983
  4. Lunsford v. KerseySupreme Court of Georgia · 1941
  5. In Re BrookinsCourt of Appeals of Georgia · 1980

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