Bird v. Mitchell
Supreme Court of Georgia
Action on bond. Before Judge Reese. Taliaferro superior court. February term, 1896. On January 26, 1895, suit was brought by the ordinary for the use of Rebecca J. Ogletree, upon the bond of J. D. Moore as administrator of John R. Moore, dated July 4, 1892. No defense was made by the administrator; but the sureties on the bond filed pleas (in addition to a denial of indebtedness) of payment and of release and discharge of themselves as sureties.
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Action on bond. Before Judge Reese. Taliaferro superior court. February term, 1896. On January 26, 1895, suit was brought by the ordinary for the use of Rebecca J. Ogletree, upon the bond of J. D. Moore as administrator of John R. Moore, dated July 4, 1892. No defense was made by the administrator; but the sureties on the bond filed pleas (in addition to a denial of indebtedness) of payment and of release and discharge of themselves as sureties. These latter pleas were stricken on motion, and error is assigned on this ruling. It is further assigned as error, that the court directed a verdict…
1Opinion of the CourtAtkinson, J.
The official report states the facts.
1. To the proposition announced in the first headnote, it is. *53only necessary to cite the opinion of this court rendered, in the case of Gibson v. Robinson, 90 Ga. 756, and cases there cited, hearing upon and controlling the question then and now under consideration.
2. It will be seen from the record in this case, that this was a suit instituted against the sureties upon the official bond of the administrator. They pleaded that, notwithstanding the rendition of a judgment against their principal, they were discharged for the reason that he had in fact fully…
2Cases cited1 opinion
- Gibson v. RobinsonSupreme Court of Georgia · 1893
3Cited by10 opinions
- Escambia Chemical Corp. v. RockerCourt of Appeals of Georgia · 1971
- Price v. CarltonSupreme Court of Georgia · 1904
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Adair v. St. AmandSupreme Court of Georgia · 1911
- Davidson v. StorySupreme Court of Georgia · 1899
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