Willis v. Bivins
Supreme Court of Georgia
Principal and Surety. Bonds. Distress Warrant. Practice in Superior Court. Judgments. Before Judge Willis. Taylor Superior Court. August Term, 1885. On January 27,1879, Bivins sued out a distress warrant ■against Walker for $456.24. It was levied, and the defendant filed a counter-affidavit, denying indebtedness, and gave a replevy bond with Willis and Lockett as sureties. At the April term, 1880, of court, the following judgment was rendered: “Jas.
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Principal and Surety. Bonds. Distress Warrant. Practice in Superior Court. Judgments. Before Judge Willis. Taylor Superior Court. August Term, 1885. On January 27,1879, Bivins sued out a distress warrant ■against Walker for $456.24. It was levied, and the defendant filed a counter-affidavit, denying indebtedness, and gave a replevy bond with Willis and Lockett as sureties. At the April term, 1880, of court, the following judgment was rendered: “Jas. H. Bivins ') vs. 1 Distress warrant and affidavit of illegality. Richard Walker. ) “Tire parties in this case appeared in open court and…
1Opinion of the Court
Hall, Justice.
The question in this case is simple and single. Can the court, on the application of the plaintiff in a distress warrant, to which a counter-affidavit was filed, enter judgment nuno pro tuno against the defendant’s sureties after a lapse of several years, when the judgment was entered by the presiding judge without the verdict of a jury, in pursuance of an arrangement entered into between the plaintiff and defen dant without the knowledge or consent of the sureties ?
1. We are of opinion that this cannot be done, and that there was error in so deciding. The sureties obligated…
2Cases cited1 opinion
- Truett v. Justices of the Inferior Court ex rel. Randolph CountySupreme Court of Georgia · 1856
3Cited by5 opinions
- Price v. CarltonSupreme Court of Georgia · 1904
- Ford v. EskridgeCourt of Appeals of Georgia · 1936
- Jones v. FindleySupreme Court of Georgia · 1889
- Gober v. BarryCourt of Appeals of Georgia · 1908
- Roberts v. CrosbyCourt of Appeals of Georgia · 1931