Mims v. Johnson

ON PETITION EOR REHEARING.

Bussell, J.

In Webb v. Pope, 118 Ga. 627 (45 S. E. 478), it was held that if an attachment is sued out by C against A and B, and a replevy bond is given, conditioned to pay to the plaintiff the amount of the judgment and costs that C might recover against A, and the plaintiff recovers no judgment against A individually, but recovers only a judgment against A and B jointly, no fi. fa. on that judgment can be issued against the surety on the bond. In this case a bail-trover suit was instituted against two defendants; one of them desired to replevy the property, and gave…