Eufaula Home Insurance v. Plant & Cubbedge
Supreme Court of Georgia
Motion to dismiss appeal. Decided by Judge Cole. Bibb Superior Court. May Term, 1867. Plant & Cubbedge sued out attachment against said Company as a foreign corporation, and served Mr. Grannies, the Company’s agent, with garnishment. The Company dissolved the garnishment by giving bond for the eventual condemnation money, with George E. Barker as security.
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Motion to dismiss appeal. Decided by Judge Cole. Bibb Superior Court. May Term, 1867. Plant & Cubbedge sued out attachment against said Company as a foreign corporation, and served Mr. Grannies, the Company’s agent, with garnishment. The Company dissolved the garnishment by giving bond for the eventual condemnation money, with George E. Barker as security. At November Term, 1866, a verdict for $2,000.00 was obtained against the Company, and thereupon judgment was entered up against it and its said security. The Company, during said term, gave an appeal bond in the usual form, giving only said…
1Opinion of the CourtWalker, J.
This case is fully within the principle decided by this Court in the case of Gordon vs. Robertson, 26 Ga. R., 410. There, as here, judgment had gone against all the parties who signed the appeal bond. Here was no attempt or offer to give any security. There was neither a compliance, nor an attempt to comply, with the requisitions of the statute, to give the plaintiff security for the eventual condemnation money. There is nothing like this case in any of the adjudicated cases, and they have gone quite far enough. '
Judgment affirmed.
2Cited by6 opinions
- Benson v. ShinesSupreme Court of Georgia · 1899
- Samples v. SamplesSupreme Court of Georgia · 1942
- Levin v. American Furniture Co.Supreme Court of Georgia · 1909
- Napier Bros. v. WoodallSupreme Court of Georgia · 1903
- Fisher v. PearsonCourt of Appeals of Georgia · 1907
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