Gordon v. Robertson
Supreme Court of Georgia
Debt, from Troup Superior Court. Decision by Judge Bull, at May Term, 1858. John W. Robertson brought suit, in the Inferior Court of Troup county, against John B. Gordon, as principal, and Thomas J. Bacon and Alexander A. Roberts, as sureties, upon a note given for the hire of negroes. There was a verdict for plaintiff, and an appeal.
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Debt, from Troup Superior Court. Decision by Judge Bull, at May Term, 1858. John W. Robertson brought suit, in the Inferior Court of Troup county, against John B. Gordon, as principal, and Thomas J. Bacon and Alexander A. Roberts, as sureties, upon a note given for the hire of negroes. There was a verdict for plaintiff, and an appeal. Upon the case being called for trial on the appeal, in the Superior Court, the plaintiff moved to dismiss the appeal, upon the ground that there was no security on orto the appeal bond. The bond was signed by John B. Gordon, by attorney, B. H. Bigham, Thomas J.…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
The only persons who signed the appeal bond as sureties, are parties defendant in the cause, against whom the plaintiff had recovered a verdict. There was no attempt or offer to give any security, for the bond of these parties gave no additional guaranty to the plaintiff, or strength to the demand on which he had recovered the verdict. It was, therefore, neither a compliance, nor an attempt to comply, with the requisitions of the statute, to give the plaintiff security for the eventual condemnation money.
It follows that the appeal was not good,…
2Cited by11 opinions
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