Bailey v. McAlpin
Supreme Court of Georgia
Aqtion on bond. Before Judge Norwood. City court of Savannah. December 12, 1904. McAlpin, as ordinary, brought suit on a county administrator’s bond, for the use of Wade as administrator of the estate of Porter, against Fripp as principal, and Bailey and Harrison as sureties, alleging that in 1901 Fripp was county administrator and as such gave bond as required by law, with Bailey and Harrison as.sureties; that in 1902 Fripp was, by virtue o£ his office as county…
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Aqtion on bond. Before Judge Norwood. City court of Savannah. December 12, 1904. McAlpin, as ordinary, brought suit on a county administrator’s bond, for the use of Wade as administrator of the estate of Porter, against Fripp as principal, and Bailey and Harrison as sureties, alleging that in 1901 Fripp was county administrator and as such gave bond as required by law, with Bailey and Harrison as.sureties; that in 1902 Fripp was, by virtue o£ his office as county administrator, vested with the administration of Porter’s estate, and took possession of the assets of the estate; that on June 9,…
1Opinion of the CourtCobb, J.
1. The courts of this State are bound to take judicial notice of who are the-public officers of the State holding under commissions issued hy the Governor. Ponder v. Shumans, 80 Ga. 506 (2); Abrams v. State, 121 Ga. 170. The ordinaries of the several counties of this State are commissioned by the Governor. As the petition alleged that McAlpin was the ordinary of Chat-ham county, it was not necessary that there should be any averment as to his election and qualification. Judicial notice will be taken of the fact that he was the incumbent of that office at the time of the official acts alleged…
2Cases cited28 opinions
- City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Abrams v. StateSupreme Court of Georgia · 1904
- Knight v. LasseterSupreme Court of Georgia · 1854
- Ramsey v. ColeSupreme Court of Georgia · 1889
23 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Clark v. NewsomeSupreme Court of Georgia · 1935
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Patten v. MillerSupreme Court of Georgia · 1940
- Henson v. Airways Service, Inc.Supreme Court of Georgia · 1964
- Sirota v. Kay Homes Inc.Supreme Court of Georgia · 1951
37 more not listed; retrieve them via the Exa API.