Jones v. Funston
Court of Appeals of Georgia
Action on certiorari bond; from city court of Hinesville — Judge W. C. Hodges. September 24, 1919.
1Opinion of the CourtSmith, J.
1. When this case was last before the Court of Appeals it was held: “Where the facts are charged to be within the knowledge of a party, or where from all the circumstances such *93knowledge is necessarily • presumed, and lie fails to answer altogether, or makes an evasive answer, the charge is to be taken as true. Civil Code (1910), § 5637. (2) 'The surety on a bond given by a defendant in an action of trover for the eventual condemnation money is bound by the judgment against the defendant, and cannot, after judgment, raise any question which could have been raised by the principal before…
Also in this document: Concurrence.
2Cases cited14 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Waldrop v. WolffSupreme Court of Georgia · 1902
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- Thomas v. PriceSupreme Court of Georgia · 1892
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3Cited by1 opinion
- Gary v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1931