Spain v. Clements
Supreme Court of Georgia
Garnishment. Bonds. Principal and surety. Damages. Officers. Before Judge Harden. Chatham Superior Court. February Term, 1879. To the report contained in the opinion it is only necessary to add that the following were among the grounds of the motion for new trial: (1.) Because the court allowed an amendment to be made to the record in the garnishment case of Spain, administrator, vs. Dutenhofer et' al. [Counsel for plaintiffs insisted that a motion had been made to enter up…
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Garnishment. Bonds. Principal and surety. Damages. Officers. Before Judge Harden. Chatham Superior Court. February Term, 1879. To the report contained in the opinion it is only necessary to add that the following were among the grounds of the motion for new trial: (1.) Because the court allowed an amendment to be made to the record in the garnishment case of Spain, administrator, vs. Dutenhofer et' al. [Counsel for plaintiffs insisted that a motion had been made to enter up judgment on the garnishment bond against Dutenhofer, as principal, and his wife as security, that it was resisted and…
1Opinion of the Court
Jackson, Justice.
This action was brought against the clerk of the superior court of Chatham county and his sureties on his official bond. The breach declared on was his failure to take bond and security as required by law when the defendant dissolved the garnishment sued out in a case against him, and gave bond with his (defendant’s) wife as the only surety thereon. The jury returned, under charge of the court, a verdict for plaintiffs for fifteen hundred dollars, with interest, the whole amount of plaintiffs’ judgment against defendant, when the amount in garnishee’s hands subject to that…
2Cases cited1 opinion
- Saulsbury, Respess & Co. v. WeaverSupreme Court of Georgia · 1877
3Cited by3 opinions
- Luther v. BanksSupreme Court of Georgia · 1900
- Atlas Supply Co. v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1969
- Leann Adams, as Clerk of the Municipal Court of the City of Dallas v. Dafiyan N. NeykovCourt of Appeals of Georgia · 2020