Swain v. Jaudon
Supreme Court of Georgia
Questions certified by Court of Appeals (Case No. 7980). The rulings announced in the headnotes were made in answer to questions (hereafter stated) propounded by the Court of Appeals, involved in the case upon the following facts: .“The action was one brought against a sheriff and his bondsmen, wherein it was shown: that in a suit by Mattie E. Eahn against Charles W. Eahn, for divorce and alimony, both temporary and permanent alimony were allowed, and that, contemporaneously…
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Questions certified by Court of Appeals (Case No. 7980). The rulings announced in the headnotes were made in answer to questions (hereafter stated) propounded by the Court of Appeals, involved in the case upon the following facts: .“The action was one brought against a sheriff and his bondsmen, wherein it was shown: that in a suit by Mattie E. Eahn against Charles W. Eahn, for divorce and alimony, both temporary and permanent alimony were allowed, and that, contemporaneously with the filing of the petition for divorce and alimony, the writ of ne exeat was granted in the following order of the…
1Opinion of the CourtHill, J.
1. A ne exeat bond, as provided for by the Civil Code, § 5461, is one for the personal appearance of the defendant at court; and the conditions of the bond are complied with when the principal is present at court, or within its jurisdiction and subject to its process. Freeman v. Freeman, 143 Ga. 788 (85 S. E. 1038); May v. May, 146 Ga. 521, 523 (91 S. E. 687).
(а) Under the facts stated in the certified questions, only a bond for the appearance of the principal could have been lawfully required.
(б) Where a writ required the taking of a bond, not only for the personal appearance of the…
2Cases cited5 opinions
- Freeman v. FreemanSupreme Court of Georgia · 1915
- May v. MaySupreme Court of Georgia · 1917
- Alexander v. Edwin Bates & Co.Supreme Court of Georgia · 1861
- Loyd, Perryman & Mills v. McTeerSupreme Court of Georgia · 1861
- Tucker v. DavisSupreme Court of Georgia · 1854
3Cited by7 opinions
- August v. AugustCourt of Appeals of Georgia · 1941
- McClung v. McClungSupreme Court of Georgia · 1955
- Davis v. DavisCourt of Appeals of Georgia · 1928
- Westbrook v. WestbrookCourt of Appeals of Georgia · 1961
- Chlupacek v. ReedSupreme Court of Georgia · 1969
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