Governor ex rel. Smith & Bassett v. Kemp
Supreme Court of Georgia
Suit on Sheriff’s bond, in Decatur Superior Court. Verdict for defendants, and decision of Judge Taylor excepted to. The Governor, for the use of Smith & Bassett, brought an action against Elias H. Kemp, principal, and Green Mitchell, Edmund Smith, and David Suecord, his securities on his, Kemp’s, bond as Sheriff. On the trial, the copy of the Sheriff’s bond, and order to sue the same, together with the original declaration, were offered and received in evidence.
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Suit on Sheriff’s bond, in Decatur Superior Court. Verdict for defendants, and decision of Judge Taylor excepted to. The Governor, for the use of Smith & Bassett, brought an action against Elias H. Kemp, principal, and Green Mitchell, Edmund Smith, and David Suecord, his securities on his, Kemp’s, bond as Sheriff. On the trial, the copy of the Sheriff’s bond, and order to sue the same, together with the original declaration, were offered and received in evidence. Also a judgment and capias ad satisfaciendum issued thereon, from the Superior Court of Decatur County, in favor of Smith &…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.'
[1.] The order from the minutes of the Court, ordering the defendant, Samuel Cherry, to be taken into the custody of the Sheriff, which was offered in evidence in the Court below, was improperly ruled out, and should have been admitted to the jury-
There is no evidence in the record, going to shew that Cherry was surrendered up by his securities on the ca. sa. bond in open Court, so as to require an exonereiur to have been entered on the minutes of the Court. The order of the Court was sufficiently full, in our judgment, to have authorized the…
2Cited by3 opinions
- Roberts v. GordonSupreme Court of Georgia · 1890
- Cooper v. BrownCourt of Appeals of Georgia · 1912
- American Surety Co. v. StateCourt of Appeals of Georgia · 1935