Davant v. May

Supreme Court of Georgia

Davant v. May

92 S.E. 210, 146 Ga. 746, 1917 Ga. LEXIS 478

CourtSupreme Court of Georgia

DecidedApril 12, 1917

StatusPublished

Cited by1 cases

This text of 92 S.E. 210 (Davant v. May) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davant v. May, 92 S.E. 210, 146 Ga. 746, 1917 Ga. LEXIS 478 (Ga. 1917).

Pincite

Opinion

Hill, J.

Under the ruling in the case of May v. May, 146 Ga. 521 (91 S. E. 687), a ne exeat bond conditioned upon the appearance of the principal obligor to answer to the complainant’s claim, or to abide the order and decree of the court, becomes functus officio upon the principal appearing and defending the action in which the bond was given; and the court therefore erred in not sustaining a motion of the surety to dismiss the proceeding by which it was sought to enforce liability against him on the bond.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, J.

Under the ruling in the case of May v. May, 146 Ga. 521 (91 S. E. 687), a ne exeat bond conditioned upon the appearance of the principal obligor to answer to the complainant’s claim, or to abide the order and decree of the court, becomes functus officio upon the principal appearing and defending the action in which the bond was given; and the court therefore erred in not sustaining a motion of the surety to dismiss the proceeding by which it was sought to enforce liability against him on the bond.

Judgment reversed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

92 S.E. 210, 146 Ga. 746, 1917 Ga. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davant-v-may-ga-1917.

Opinion

Related

Cite This Page — Counsel Stack