Legal Opinion
First National Bank & Trust Co. v. McElmurray
Court of Appeals of Georgia
Decided May 19, 1969No. 44080, 44081PublishedCited by 17 opinions
1Opinion of the Court
Quillian, Judge.
Interstate now contends that while Smith filed a claims affidavit, no bond as required by Code § 39-802 was filed with the affidavit. The record reveals that no objection based on this ground was made in the lower court.
The rule is well settled that a claim filed by a third party is invalid in the absence of an affidavit in forma pauperis or a bond indemnifying the plaintiff in fi. fa. Johnson v. Planters’ Bank, 34 Ga. App. 241 (129 SE 125); Brooks v. Goette, 52 Ga. App. 408 (183 SE 633). However, where a claim is pending in the superior court, the presumption is that the…
2Cases cited13 opinions
- Travelers Insurance v. ThorntonSupreme Court of Georgia · 1904
- Guardian Discount Co. v. SettlesCourt of Appeals of Georgia · 1966
- First National Bank & Trust Co. v. SmithloffCourt of Appeals of Georgia · 1969
- McDonald v. Peoples Automobile Loan & Finance Corp. of Athens, Inc.Court of Appeals of Georgia · 1967
- Staley v. PHELAN FINANCE CORPORATIONCourt of Appeals of Georgia · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
- Kinetics Technology International Corporation, a Delaware Corporation v. The Fourth National Bank of Tulsa, a National Banking AssociationCourt of Appeals for the Fourth Circuit · 1983
- Trust Co. v. Associated Grocers Co-Op, Inc.Court of Appeals of Georgia · 1979
- Kondik v. Ebner (In Re Standard Foundry Products, Inc.)United States Bankruptcy Court, N.D. Illinois · 1997
- Kubota Tractor Corp. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1991
12 more not listed; retrieve them via the Exa API.