Legal Opinion

Brooks v. Hardwick

Court of Appeals of Georgia

Decided December 13, 1921No. 12756PublishedCited by 2 opinions

Forfeiture of bond; from city court of Floyd county — Judge Nunnally. August 2, 1921.

1Opinion of the CourtBroyles, C. J.

1. A scire facias, which recites that the criminal recognizance in question was forfeited at the June term, 1920, of the court, could have been lawfully amended by making this part of the scire facias read, in conformity to the rule nisi upon which it was based, that the recognizance was forfeited at the March term, 1921, of the *763court. Such an amendment would not add a new and distinct cause of action. See, in this connection, Civil Code, 1910, § 5692; Myrick v. State, 13 Ga. 190 (1); Johnson v. Goddard, 19 Ga. 597; Wright v. State, 51 Ga. 524; Vaughan v. Candler, 113 Ga. 9 (38 S. E. 352);…

2Cases cited8 opinions

  1. Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
  2. Bird v. TerrellSupreme Court of Georgia · 1907
  3. Wright v. StateSupreme Court of Georgia · 1874
  4. Vaughan v. CandlerSupreme Court of Georgia · 1901
  5. White v. BrownCourt of Appeals of Georgia · 1913

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3Cited by2 opinions

  1. Hardwick v. ShahanCourt of Appeals of Georgia · 1923
  2. Moore v. MimsCourt of Appeals of Georgia · 1923

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