Woodliff v. Bloodworth
Supreme Court of Georgia
Certiorari. Before Judge Gober. Forsyth superior court. April 6, 1904. An attachment in favor of Bloodworth against Blackstone was levied upon certain personal property as the property of Blackstone. Woodliff interposed a claim, giving Puett as security on the damage bond. The jury on appeal found the property subject, but awarded no damages against the claimant or his surety on the damage bond.
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Certiorari. Before Judge Gober. Forsyth superior court. April 6, 1904. An attachment in favor of Bloodworth against Blackstone was levied upon certain personal property as the property of Blackstone. Woodliff interposed a claim, giving Puett as security on the damage bond. The jury on appeal found the property subject, but awarded no damages against the claimant or his surety on the damage bond. The claimant applied for a writ of certiorari, and gave Puett as the sole security on the bond in the certiorari proceeding. Bloodworth moved to dismiss the certiorari, on the ground that the security…
1Opinion of the CourtLamar, J.
(After stating the foregoing facts.) Where a party has given a statutory bond with security for the payment of the eventual condemnation-money, or to produce property sued for or levied on, or to pay damages in case he fails to recover, and a judgment adverse to the principal has been rendered, the security on such bond can not be surety on a new bond required in.pro*458ceedings seeking to secure a reversal. In some cases the effect of this judgment is to entitle the opposite party to a concurrent judgment against the surety, and in others it to a certain extent binds the sureties when suit is…
2Cases cited2 opinions
- Central of Georgia Railway Co. v. PriceSupreme Court of Georgia · 1898
- Napier Bros. v. WoodallSupreme Court of Georgia · 1903
3Cited by5 opinions
- Samples v. SamplesSupreme Court of Georgia · 1942
- Hines v. International Harvester Co.Court of Appeals of Georgia · 1910
- McGarrity & Co. v. ThomasCourt of Appeals of Georgia · 1911
- Lafferty Lumber Co. v. ThomasCourt of Appeals of Georgia · 1927
- McKinney v. TaylorCourt of Appeals of Georgia · 1912