Charleston & Western Carolina Railway Co. v. Pope & Fleming
Supreme Court of Georgia
Trover. Before Judge Eve. Richmond superior court. December 29, 1904 Pope & Fleming, commission merchants, brought bail-trover for 64 bales of cotton, of the value of $3,500, against the Charleston and Western Carolina Railway Company.
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Trover. Before Judge Eve. Richmond superior court. December 29, 1904 Pope & Fleming, commission merchants, brought bail-trover for 64 bales of cotton, of the value of $3,500, against the Charleston and Western Carolina Railway Company. The property was seized by the sheriff, and, the defendant company failing to do so, the plaintiffs availed themselves of the statutory privilege and took the cotton, giving a bond conditioned as required by the Civil Code, §4606, iu the event they failed to recover in the bail-trover action. The case was submitted to the court upon the pleadings and an agreed…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) 1. Where the property is not found or bond is not given, the defendant in bailtrover may be committed to jail. Civil Code, § 4606. And since a corporation can not be arrested, the bail process might, to that extent, be ineffective where such company is sued as the sole tortfeasor. Compare Hall v. Barnes, 115 Ga. 945. That, however, would not prevent the suit from proceeding, nor would it prevent the company from surrendering the property and securing the-benefit of the statutory bond. The bank was vouched into court that it might set up any defense it…
2Cases cited4 opinions
- Flannery v. HarleySupreme Court of Georgia · 1903
- National Bank v. Augusta Cotton & Compress Co.Supreme Court of Georgia · 1898
- Savannah Cotton-Press Ass'n v. MacIntyreSupreme Court of Georgia · 1893
- Hall & Brown Woodworking Machine Co. v. BarnesSupreme Court of Georgia · 1902
3Cited by30 opinions
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- People's State Bank v. BrownSupreme Court of Kansas · 1909
- Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916
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