Legal Opinion

McMurria v. Powell Bros. & Chason

Supreme Court of Georgia

Decided July 19, 1904PublishedCited by 8 opinions

Appeal. Before Judge Spence. Decatur superior court. November 10, 1903.

1Opinion of the CourtCobb, J.

1. A security on an appeal bond in a claim case, where the claimant is the appellant, is liable, not only for the costs and any damages that might be assessed for a frivolous appeal, but also for any damages that might be assessed against the claimant in the event it is determined that the claim was interposed for delay only; and it therefore follows that if the sole security on the appeal bond is the same person as the security on the claim bond, the plaintiff in execution has, by the giving of the appeal bond, obtained no additional security. See Napier v. Woodall, 118 Ga. 830 (2), and cit.

2…

2Cases cited4 opinions

  1. Benson v. ShinesSupreme Court of Georgia · 1899
  2. Chapele v. TuckerSupreme Court of Georgia · 1900
  3. Harvely v. Daly & Co.Supreme Court of Georgia · 1901
  4. Napier Bros. v. WoodallSupreme Court of Georgia · 1903

3Cited by8 opinions

  1. Samples v. SamplesSupreme Court of Georgia · 1942
  2. Maddox v. WaldropCourt of Appeals of Georgia · 1939
  3. Union Fraternal League of Boston v. JohnstonSupreme Court of Georgia · 1905
  4. Fisher v. PearsonCourt of Appeals of Georgia · 1907
  5. Hines v. International Harvester Co.Court of Appeals of Georgia · 1910

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