Marsh v. Ben H. Fletcher Co.
Court of Appeals of Georgia
Application for discharge in trover; from city court of LaGrange —Judge Harwell. June 11, 1915. . The Ben H. Fletcher Company instituted a bail-trover proceeding against Marsh to recover two mules. The defendant failed to deliver the mules or to give the statutory bond for the forthcoming of the property, and was imprisoned.
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Application for discharge in trover; from city court of LaGrange —Judge Harwell. June 11, 1915. . The Ben H. Fletcher Company instituted a bail-trover proceeding against Marsh to recover two mules. The defendant failed to deliver the mules or to give the statutory bond for the forthcoming of the property, and was imprisoned. He applied to the court for discharge from imprisonment, and in his petition alleged that he Avas not, at the date of the plaintiff’s affidavit to obtain bail, or thereafter, in possession, custody, or control of the property in question, and Avas not able to give the…
1Opinion of the CourtBroyles, J.
1. Under section 5154 of the Civil Code, while a discharge of the petitioner upon his own recognizance is not warranted unless the reasons shown for the non-production of the property are satisfactory, an existing physical impossibility, at the time of the suing out of the bail-trover process, to produce the property, and the .continued existence of such impossibility, without any fault or misconduct on the de*736fendant’s part since that time, should be deemed a satisfactory reason for the non-production of the property. Ragan v. Chicago Packing Co., 93 Ga. 712 (21 S. E. 143); Garrett v.…
2Cases cited4 opinions
- Everett, Ridley & Co. v. HolcombCourt of Appeals of Georgia · 1907
- Ragan v. Chicago Packing & Provision Co.Supreme Court of Georgia · 1894
- Tennessee Valley Fertilizer Co. v. StevensSupreme Court of Georgia · 1913
- Garrett & Sons v. UnderwoodSupreme Court of Georgia · 1897
3Cited by6 opinions
- Hall v. CarrollSupreme Court of North Carolina · 1960
- Wyatt v. Citizens & Southern BankCourt of Appeals of Georgia · 1923
- Warlick v. McLeodCourt of Appeals of Georgia · 1919
- Jonesboro Production Credit Ass'n v. TatumCourt of Appeals of Georgia · 1939
- Mullis v. Packer Corp.Court of Appeals of Georgia · 1962
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