Swinney v. Watkins & Ragland
Supreme Court of Georgia
Debt on Ca. Sa. Bond, in Dougherty Superior Court. Decision by Judge Powers, at December Term, 1856. J ames J. Green being arrested by virtue of a capias ad satisfaciendum, issued from the Superior Court of Dougherty county, at the suit of Watkins & Ragland, entered into bond, with Ebenezer H.'J;Swinney as his surety, conditioned to “appear at the next Term of said Superior Court, then and there to stand to and abide by such proceedings as may be had by the Court in relation…
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Debt on Ca. Sa. Bond, in Dougherty Superior Court. Decision by Judge Powers, at December Term, 1856. J ames J. Green being arrested by virtue of a capias ad satisfaciendum, issued from the Superior Court of Dougherty county, at the suit of Watkins & Ragland, entered into bond, with Ebenezer H.'J;Swinney as his surety, conditioned to “appear at the next Term of said Superior Court, then and there to stand to and abide by such proceedings as may be had by the Court in relation to his taking the benefit of the act entitled “An act for the relief of honest debtors,” passed in the year 1823.” The…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
J. J. Green having been arrested upon a ca. sa. at the instance of Watkins & Ragland, gave the usual bond, with E. H. Swinney as security for his appearence at the next Term of the Court, to take the benefit of the insolvent debtors’ act. At that time an order was taken to enter up judgment upon .the bond, against the principal and his security, upon the ground, that Green had failed to appear. An execution issued, and Swinney the security, arrested the proceeding by affidavit of illegality, in which it is alleged and sworn, that Green when…
2Cited by4 opinions
- McKnight v. WilsonSupreme Court of Georgia · 1924
- Merrick v. MerrickMissouri Court of Appeals · 1878
- Mathews v. HillyerSupreme Court of Florida · 1880
- City of Albany v. ParksCourt of Appeals of Georgia · 1939