Hogans v. Dixon
Supreme Court of Georgia
Bail-trover — appeal. Before Judge Reese. Glascock superior court. August term, 1897. Suit was brought in a justice’s court to recover “75 cords of pine wood of the value of $75.” On appeal to the superior court, defendant moved to dismiss the case for want of sufficient description of the wood sued for.
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Bail-trover — appeal. Before Judge Reese. Glascock superior court. August term, 1897. Suit was brought in a justice’s court to recover “75 cords of pine wood of the value of $75.” On appeal to the superior court, defendant moved to dismiss the case for want of sufficient description of the wood sued for. Plaintiff moved to amend the original summons and affidavit for bail, by describing the wood as “75 cords of pine wood 4 feet in length, cut and corded near the Augusta Southern R. R. track about one mile and a half west of Gibson, Ga., on the land leased and held by the said plaintiff in…
1Opinion of the CourtLewis, J.
1. A motion was made by counsel for the defendant in error to dismiss this writ of error, upon the ground that the security on the forthcoming bond given in the bailtrover proceeding was not served with the bill of exceptions, nor made a party defendant thereto. Parties to the litigation in. *172the court below who are interested in sustaining its judgment are necessary parties to a writ of error sued out to this court. Civil Code, § 5562. The security on this forthcoming bond can not be considered a party to the litigation that is the subject-matter of review in this case. His signature to the…
2Cases cited4 opinions
- Farmers Alliance Warehouse & Commission Co. v. McElhannonSupreme Court of Georgia · 1896
- Crawford v. JonesSupreme Court of Georgia · 1880
- Dill v. JonesSupreme Court of Georgia · 1847
- Maynard v. HunnewellSupreme Court of Georgia · 1880
3Cited by5 opinions
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Small v. WilsonCourt of Appeals of Georgia · 1917
- Morse v. TurnerCourt of Appeals of Georgia · 1917
- Branan v. FeldmanSupreme Court of Georgia · 1924
- Lawrence v. Lee's Department StoreCourt of Appeals of Georgia · 1934