Legal Opinion

Jones v. Gordon

Supreme Court of Georgia

Decided April 8, 1889PublishedCited by 11 opinions

Bail-bonds. Jurisdiction. Before Judge Jenkins. Baldwin superior court. July term, 1888. A warrant for the arrest of one Smith on a charge of burglary committed in Baldwin county, was issued by a justice of the peace in Hancock county, who took a joint and several bond for his appearance at Baldwin superior court, signed by him, the plaintiff in error, and two others.

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Bail-bonds. Jurisdiction. Before Judge Jenkins. Baldwin superior court. July term, 1888. A warrant for the arrest of one Smith on a charge of burglary committed in Baldwin county, was issued by a justice of the peace in Hancock county, who took a joint and several bond for his appearance at Baldwin superior court, signed by him, the plaintiff in error, and two others. The prisoner did not appear when the case was called for trial in that court, and a rule nisi for forfeiture of the recognizance was issued and served on Jones, who answered that the rule should not be made absolute against him,…

1Opinion of the Court

Simmons, Justice.

The only point insisted on before us for a reversal of the judgment of the court below was, the fact that the bail-bond was taken before a magistrate in a different county from that in which the crime was committed, the plaintiff in error contending that the magistrate who took' the bond from the defendant and his securities, had no jurisdiction.

Conceding that the magistrate had no jurisdiction in the case, the defendant, made no question as to this at the time the bond was taken, but voluntarily gave it, and thereby was released from custody. If the trial had before the…

2Cases cited5 opinions

  1. Dennard v. StateSupreme Court of Georgia · 1847
  2. Weldon v. ColquittSupreme Court of Georgia · 1879
  3. Park v. StateSupreme Court of Georgia · 1848
  4. Adams v. GovernorSupreme Court of Georgia · 1857
  5. Smith v. SpencerSupreme Court of Georgia · 1879

3Cited by11 opinions

  1. Coweta Bonding Co. v. CarterSupreme Court of Georgia · 1973
  2. State v. Sureties of KrohneWyoming Supreme Court · 1893
  3. Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
  4. Wall v. MountSupreme Court of Georgia · 1905
  5. Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894

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