Newton v. Bailey
Supreme Court of Georgia
Scire facias. From the Superior Court of Jackson county. Tried before Judge Hutchins. February Term, 1867. ■ John M. Bailey brought an action for slander to August Term, 1859, of said Court, against John Horton.
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Scire facias. From the Superior Court of Jackson county. Tried before Judge Hutchins. February Term, 1867. ■ John M. Bailey brought an action for slander to August Term, 1859, of said Court, against John Horton. Pending the action, Bailey made before D. L. Garrett, a Justice of the Inferior Court of said county, an affidavit, alleging “that John Horton, of said county, is justly indebted to him in the sum,of five thousand dollars in said case, for slanderous words spoken by said John Horton concerning said deponent; and that at the commencement of said action deponent did not require bail,…
1Opinion of the Court
Habéis, J.
Pending the action of slander, plaintiff below made his affidavit and applied to a Justice of the Inferior Court for an order to hold the defendant in the slander suit to bail. It was granted. The plaintiffs in error became bail for defendant below, and now when it is sought to charge them by sci. fa., they except to the order granting bail, the amount, etc. The power used by the Justice in granting bail, in cases sounding in tort, is conferred by statute. The affidavit, whilst it is perhaps not in as clear a form as it should have been, is distinct enough to furnish a foundation…
2Cases cited3 opinions
- Deboard v. BrooksSupreme Court of Georgia · 1859
- Gilmore v. LiddenSupreme Court of Georgia · 1857
- Montigue v. LeatrSupreme Court of Georgia · 1849