Alexander & Sons v. Morris & Co.

Court of Appeals of Georgia

Alexander & Sons v. Morris & Co.

73 S.E. 700, 10 Ga. App. 497, 1912 Ga. App. LEXIS 589

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1912

Docket3657

StatusPublished

Cited by2 cases

This text of 73 S.E. 700 (Alexander & Sons v. Morris & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander & Sons v. Morris & Co., 73 S.E. 700, 10 Ga. App. 497, 1912 Ga. App. LEXIS 589 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

1. The bond upon which suit was brought, while not good a§ a statutory bond, was good as a common-law obligation. Besides,. the defendant, having secured possession of the property levied upon by giving the bond to the levying officer, was estopped from attacking it as invalid. Wall v. Mount, 121 Ga. 831 (49 S. E. 778); Awtrey v. Campbell, 118 Ga. 464 ( 45 S. E. 301).

2. The petition as amended set forth a good cause of action, and was not subject to demurrer on any of the grounds alleged. The court properly overruled the demurrer. • Judgment affirmed. ,.

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Hill, C. J.

1. The bond upon which suit was brought, while not good a§ a statutory bond, was good as a common-law obligation. Besides,. the defendant, having secured possession of the property levied upon by giving the bond to the levying officer, was estopped from attacking it as invalid. Wall v. Mount, 121 Ga. 831 (49 S. E. 778); Awtrey v. Campbell, 118 Ga. 464 ( 45 S. E. 301).

2. The petition as amended set forth a good cause of action, and was not subject to demurrer on any of the grounds alleged. The court properly overruled the demurrer. • Judgment affirmed. ,.

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Bluebook (online)

73 S.E. 700, 10 Ga. App. 497, 1912 Ga. App. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-sons-v-morris-co-gactapp-1912.

Opinion

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