Jackson v. Johnson
Supreme Court of Georgia
Evidence. Records. Bonds. Administrators and Executors. Verdict. Non-suit. Charge of Court. Contracts. Before Judge HARRIS. Troup Superior Court.
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Evidence. Records. Bonds. Administrators and Executors. Verdict. Non-suit. Charge of Court. Contracts. Before Judge HARRIS. Troup Superior Court. May Term, 1881. This was an action by plaintiffs against W. S. Jackson, administrator on the estate of H. F. Erwin, deceased, as principal, and George Huguley, Reuben Jones and W. H. Huguley as securities upon the administration bond of Jackson, which was on its face for $150,000.00. The declaration alleged a devastavit by Jackson, and that there was due plaintiffs $1,796.27, with interest from, the 24th day of May, 1866, at 8 per cent.; that at the…
1DissentCrawford, Justice
I cannot bring my mind to concur in the ruling of the court as to the legal effect of the certificate of the probate judge on the exemplified copy of the bond.
The Code of Alabama provides that such a paper, when so certified, shall have the same effect as if the original were produced and proved. I cannot quite see how that certificate can do more than to prove the copy to be a true copy of the original, and could no more dispense with the proof of execution, where a plea of non est factum was filed, than if the original itself were introduced and encountered by such a plea. It could hardly…
2Cases cited2 opinions
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