Evans v. Woodard

The plaintiff in an equitable petition gave bond with surety upon condition to obtain an injunction. The plaintiff failed in his suit, and the defendant obtained a judgment against him and the surety on his bond. This judgment was reviewed by the Supreme Court and held to be valid and binding upon both principal and surety. Harris v. Woodard, 144 Ga. 211 (86 S. E. 1097). Subsequently the surety filed an equitable petition to set aside the judgment, on the ground that the attorney for the defendant in the former suit had granted certain indulgences to his principal, of which he did not know…