Marshall v. Livingston
Supreme Court of Georgia
Trover. Bonds. Principal and Surety. Practice in Superior Court. Judgments. Practice in Supreme CourtEstoppel. Before Judge Fort. Macon Superior CourtNovember Term, 1885. On December 14, 1883, T. J. Marshall brought suit against H. H. Livingston to recover certain corn, fodder, cotton and cotton seed, and on the same day made affidavit to obtain bail process.
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Trover. Bonds. Principal and Surety. Practice in Superior Court. Judgments. Practice in Supreme CourtEstoppel. Before Judge Fort. Macon Superior CourtNovember Term, 1885. On December 14, 1883, T. J. Marshall brought suit against H. H. Livingston to recover certain corn, fodder, cotton and cotton seed, and on the same day made affidavit to obtain bail process. In this he stated that the value of the property was $405.50. The sheriff seized the property’ except apart of the corn, and the defendant failing to give bond, delivered'it to the plaintiff, who gave a bond dated May 13, 1884. The…
1Opinion of the Court
Hall, Justice.
1. These three bills of exceptions, taken by tlie same party in one cause and on the same record, make but a single material question, and that is, whether the voluntary dismission by the plaintiff of his action of trover, in which bail was required, and the delivery of the property in question to him on the bond required by the statute, where the defendant failed to replevy it, amounts in law to a judgment of restitution, and ipso facto upon such dismissal, entitled the defendant to a writ of restitution, or, where it was impossible to restore the subject of the action in kind,…
2Cases cited2 opinions
- McDougald v. DoughertySupreme Court of Georgia · 1854
- Freeman v. NorwellSupreme Court of Georgia · 1858
3Cited by35 opinions
- Ryan v. KingsberySupreme Court of Georgia · 1891
- Thomas v. PriceSupreme Court of Georgia · 1892
- Mallary Bros. & Co. v. MoonSupreme Court of Georgia · 1908
- Livingston v. MarshallSupreme Court of Georgia · 1889
- General Tire & Rubber Co. v. Brown Tire Co.Court of Appeals of Georgia · 1933
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