McGarry v. Seiz
Supreme Court of Georgia
Action on bond. Before Judge Pendleton. Eulton superior court. December 14, 1906. Mrs. Mary MeGarry and S. J. MeGarry filed a petition against E. C. Seiz and the iEtna Indemnity Company, alleging that Mrs. MeGarry was the owner of a described lot of land, and entered into a contract with Seiz to erect a dwelling thereon, for the sum of $7,350; that pursuant to the contract Seiz gave bond, with the iEtna Indemnity Company as surety, in which it was provided that the contract…
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Action on bond. Before Judge Pendleton. Eulton superior court. December 14, 1906. Mrs. Mary MeGarry and S. J. MeGarry filed a petition against E. C. Seiz and the iEtna Indemnity Company, alleging that Mrs. MeGarry was the owner of a described lot of land, and entered into a contract with Seiz to erect a dwelling thereon, for the sum of $7,350; that pursuant to the contract Seiz gave bond, with the iEtna Indemnity Company as surety, in which it was provided that the contract with Seiz should be carried out and completed. The penalty in the bond was $8,000. A copy of the same is attached to the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. An amendment was offered by the plaintiffs at the hearing-of the demurrers, as appears by a recital in the order of the judge-disallowing the same. It does not appear, however, to have been, filed. Under such circumstances it did not become a part of the-record in the case, and therefore can not come to this court in the> transcript of the record under the certificate of the clerk. It should have been embodied in the bill of exceptions or attached thereto as an exhibit, properly authenticated. Sibley v. Mutual Ass’n, 87 Ga. 738 (13 S. E. 838); Sayer v. Brown, 119…
2Cases cited4 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Sayer v. BrownSupreme Court of Georgia · 1904
- McCall v. HerringSupreme Court of Georgia · 1902
- Sibley v. Mutual Reserve Fund Life Ass'nSupreme Court of Georgia · 1891
3Cited by19 opinions
- Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co.Michigan Supreme Court · 1981
- Sam Finley, Inc. v. Interstate Fire InsuranceCourt of Appeals of Georgia · 1975
- Fitger Brewing Co. v. American Bonding Co.Supreme Court of Minnesota · 1911
- Richards v. ShieldsSupreme Court of Georgia · 1912
- Schaeffer v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
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