Barfield v. Covington
Supreme Court of Georgia
Action on bond. Before Judge Smith. Wilcox superior court. March term, 1897. Covington, sheriff, suing for the use of Bullock, Bush & Co., brought an action against W. C. Barfield as principal, and W. B. Owens as surety, on a forthcoming bond. The case by consent was tried by the court without a jury, upon an agreed statement of facts, and judgment was rendered for the plañir tiff against the defendants for $100 ; whereupon they excepted.
Read the full summary
Action on bond. Before Judge Smith. Wilcox superior court. March term, 1897. Covington, sheriff, suing for the use of Bullock, Bush & Co., brought an action against W. C. Barfield as principal, and W. B. Owens as surety, on a forthcoming bond. The case by consent was tried by the court without a jury, upon an agreed statement of facts, and judgment was rendered for the plañir tiff against the defendants for $100 ; whereupon they excepted. The agreed statement of facts was as follows: “ 1. That L. C. Covington, sheriff, levied, on the 12th day of October, 1894, a certain execution upon a…
1Opinion of the CourtFish, J.
1. The forthcoming bond given to the sheriff by Barfield as principal, and Owens as surety, was executed under section 5436 of the Civil Code, and the failure to deliver the property described in the bond, at the time and place of sale, was a breach thereof, for which the sheriff could recover of them the value of such property. They could not relieve themselves of their obligation to produce the property by subsequently applying it to the payment of rent due by Barfield to Owens. While Owens had a landlord’s lien for rent upon the crops grown upon the rented premises during the year 1894,…
2Cases cited1 opinion
- Aycock v. AustinSupreme Court of Georgia · 1891
3Cited by8 opinions
- Floyd v. CookSupreme Court of Georgia · 1903
- Allen v. AllenSupreme Court of Georgia · 1903
- Rowland v. PageCourt of Appeals of Georgia · 1908
- Salmon v. LynnCourt of Appeals of Georgia · 1915
- Wall v. FinneySupreme Court of Georgia · 1911
3 more not listed; retrieve them via the Exa API.