Loyd, Perryman & Mills v. McTeer
Supreme Court of Georgia
Seirefaeias on the bail bond, in Whitfield Superior Court. Decision made by Judge Walker, at April Term, 1861. The facts and circumstances of this case are as follows': Loyd, Perryman & Mills, instituted suit against William McLeer, to recover the amount of an open account.
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Seirefaeias on the bail bond, in Whitfield Superior Court. Decision made by Judge Walker, at April Term, 1861. The facts and circumstances of this case are as follows': Loyd, Perryman & Mills, instituted suit against William McLeer, to recover the amount of an open account. In this action bail was required by the plaintiffs, and the defendant McTeer, as principal, and Edward R. Sasseen as his surety, entered into a bond or obligation, subject to the condition following, that is to say: “ The condition of this bond is such that, whereas, a process requiring bail in an action of assumpsit,…
1Opinion of the Court
By the Court —
Lyon, J., delivering the opinion.
The object of a bail bond is to compel the appearance of the principal, and if it imposes other and more onerous conditions it is void: Tidd. Pr., 224; Thorner vs. Whetstone, Dyer. R., 119; Rogers vs. Reeves, 1 T. R., 418; Nicker vs. Davis et. al., 15 Ga. R., 573. This bond requires the principal'not only to appear, but “ to stand to, abide and perform the final judgment of the Court in said case.” ■ This is a condition more onerous than is required by law, and it is therefore void.
Let the judgment be affirmed.
2Cited by3 opinions
- Swain v. JaudonSupreme Court of Georgia · 1918
- August v. AugustCourt of Appeals of Georgia · 1941
- United States v. FlorenceDistrict Court, D. Alaska · 1902