National Furniture Co. v. Edwards
Supreme Court of Georgia
Motion to reinstate. Before Judge Candler. Bartow superior court. July term, 1897. Erom the judgment of a justice’s court in favor of the plaintiff in fi. fa. in a claim case, the claimant (plaintiff in error) appealed to the superior court, filing an appeal bond upon which there was no entry of approval by the magistrate.
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Motion to reinstate. Before Judge Candler. Bartow superior court. July term, 1897. Erom the judgment of a justice’s court in favor of the plaintiff in fi. fa. in a claim case, the claimant (plaintiff in error) appealed to the superior court, filing an appeal bond upon which there was no entry of approval by the magistrate. The appeal was dismissed by the superior court; the order of dismissal stating that the case was called in its order, that there was no appearance for the plaintiff, and that no appeal bond approved by the magistrate who tried the case had been given as required by law. The…
1Opinion of the CourtLewis, J.
We know of no law that requires the approval of •an appeal bond by the magistrate. If the security given by the. .-appellant is insufficient, the appellee has his remedy under section 5123 of the Civil Code; and that remedy is not the dismissal of the appeal without allowing the appellant an opportu- • nity to offer an amendment and give new security. Even -if it •were the duty of the magistrate to make upon the appeal bond . a formal entry of approval, we do not think the failure to per- • form such a ministerial act should work any injury to the appel- ' lant if he has complied with all the…
2Cases cited4 opinions
- Pearce & Renfroe v. Renfroe Bros.Supreme Court of Georgia · 1881
- Singer Manufacturing Co. v. Walker & Co.Supreme Court of Georgia · 1886
- Griffin Marble v. Padgett & DarseySupreme Court of Georgia · 1886
- Thomas v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1868
3Cited by8 opinions
- American Investment Co. v. Cable Co.Court of Appeals of Georgia · 1908
- Rousch v. GreenCourt of Appeals of Georgia · 1907
- Chapele v. TuckerSupreme Court of Georgia · 1900
- State Ex Rel. Heron v. District Court of First Judicial Dist.New Mexico Supreme Court · 1942
- Hays v. EubanksSupreme Court of Georgia · 1906
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