Strange v. Franklin
Supreme Court of Georgia
Action for money had and received. Before Judge Parker. Washington superior court. September 16, 1905. In February, 1899, Franklin obtained a judgment against Larry in the county court of Washington county, and on September 5 the fi. fa. was levied on the property of Larry. Larry filed a claim, as the head of a family, to the property so levied on by Franklin, and gave a forthcoming bond. Strange signed the bond as surety for Larry.
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Action for money had and received. Before Judge Parker. Washington superior court. September 16, 1905. In February, 1899, Franklin obtained a judgment against Larry in the county court of Washington county, and on September 5 the fi. fa. was levied on the property of Larry. Larry filed a claim, as the head of a family, to the property so levied on by Franklin, and gave a forthcoming bond. Strange signed the bond as surety for Larry. The property not .being produced on sale day, the sheriff brought suit on the bond, in the county court of Washington county, and in February, 1900, a judgment…
1Opinion of the CourtBeck, J.
(After stating the facts.) There was no error in the judgment of the court below. The law and the facts in the ■case required the decision reached and rendered. The money paid by the plaintiff in error was not paid through any mistake of fact. The money was paid voluntarily, on a bond which plaintiff in error, as surety, voluntarily signed. There is nothing in the agreed statement of facts to show that he was not fully apprised of all the facts and circumstances under which the principal had signed the bond. And nowhere in the pleadings is there anything to suggest that the facts constituting…
2Cases cited6 opinions
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Williams v. StewartSupreme Court of Georgia · 1902
- Hoke v. City of AtlantaSupreme Court of Georgia · 1899
- Graham v. Marks & Co.Supreme Court of Georgia · 1895
- Logan v. SumterSupreme Court of Georgia · 1859
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- Remington Arms Union Metallic Cartridge Co. v. Feeney Tool Co.Supreme Court of Connecticut · 1921
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