Fleming v. Smith

Court of Appeals of Georgia

Fleming v. Smith

73 S.E. 1074, 10 Ga. App. 701, 1912 Ga. App. LEXIS 653

CourtCourt of Appeals of Georgia

DecidedMarch 6, 1912

Docket3777

StatusPublished

This text of 73 S.E. 1074 (Fleming v. Smith) 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

Fleming v. Smith, 73 S.E. 1074, 10 Ga. App. 701, 1912 Ga. App. LEXIS 653 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

Where a bond given in a criminal case was duly forfeited, and a rule nisi issued and scire facias served, and, before the term of the court to which the scire facias was made returnable, the principal voluntarily appeared in the sheriff’s office in vacation, paid all the accrued costs of the forfeiture, and tendered a second bond, which was accepted and approved by the sheriff, sureties on the first bond were discharged from all further liability, and it was erroneous to enter against them a judgment absolute.' Penal Code (1910), §§ 959, 960.

Judgment reversed.

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Hill, C. J.

Where a bond given in a criminal case was duly forfeited, and a rule nisi issued and scire facias served, and, before the term of the court to which the scire facias was made returnable, the principal voluntarily appeared in the sheriff’s office in vacation, paid all the accrued costs of the forfeiture, and tendered a second bond, which was accepted and approved by the sheriff, sureties on the first bond were discharged from all further liability, and it was erroneous to enter against them a judgment absolute.' Penal Code (1910), §§ 959, 960.

Judgment reversed.

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Bluebook (online)

73 S.E. 1074, 10 Ga. App. 701, 1912 Ga. App. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-smith-gactapp-1912.