Fourth National Bank v. Mayer

Supreme Court of Georgia

Fourth National Bank v. Mayer

26 S.E. 83, 100 Ga. 87, 1896 Ga. LEXIS 563

CourtSupreme Court of Georgia

DecidedNovember 30, 1896

StatusPublished

Cited by6 cases

This text of 26 S.E. 83 (Fourth National Bank v. Mayer) 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

Fourth National Bank v. Mayer, 26 S.E. 83, 100 Ga. 87, 1896 Ga. LEXIS 563 (Ga. 1896).

Pincite

Opinion

Lumpkin, J.

It was error to nonsuit the plaintiff in an action upon an attachment bond, on the ground that the surety upon that bond had not been sued with the principal. The question whether or not the surety ought to have been sued could not properly be thus raised; but even were it otherwise, the proposition that suing the surety was essential is without merit. It could be of no possible benefit to a principal in any case to have his surety adjudged jointly liable with him upon the cause of action, because the ultimate liability must in any event fall upon the principal alone. Judgment reversed.

W. T. Jones, for plaintiff,

cited 89 Ga. 108; 96 Ga. 728; Civil O-ode, §§-2967, 2974, 2981, 2987-8; Ereem. J'udg. §180; DeOol. Guar. 143-149.

D. K. Pope, for defendant,

cited Civil Code, §§5009, 4529; Code-of 1882, §3347; 43 Ga. 587; 51 '.Ga. 467-9; 95 ■Ga. 38.

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Lumpkin, J.

It was error to nonsuit the plaintiff in an action upon an attachment bond, on the ground that the surety upon that bond had not been sued with the principal. The question whether or not the surety ought to have been sued could not properly be thus raised; but even were it otherwise, the proposition that suing the surety was essential is without merit. It could be of no possible benefit to a principal in any case to have his surety adjudged jointly liable with him upon the cause of action, because the ultimate liability must in any event fall upon the principal alone. Judgment reversed.

W. T. Jones, for plaintiff,

cited 89 Ga. 108; 96 Ga. 728; Civil O-ode, §§-2967, 2974, 2981, 2987-8; Ereem. J'udg. §180; DeOol. Guar. 143-149.

D. K. Pope, for defendant,

cited Civil Code, §§5009, 4529; Code-of 1882, §3347; 43 Ga. 587; 51 '.Ga. 467-9; 95 ■Ga. 38.

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Bluebook (online)

26 S.E. 83, 100 Ga. 87, 1896 Ga. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fourth-national-bank-v-mayer-ga-1896.

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