Garrett & Sons v. Underwood

Supreme Court of Georgia

Garrett & Sons v. Underwood

27 S.E. 665, 102 Ga. 558, 1897 Ga. LEXIS 567

CourtSupreme Court of Georgia

DecidedMay 21, 1897

StatusPublished

Cited by2 cases

This text of 27 S.E. 665 (Garrett & Sons v. Underwood) 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

Garrett & Sons v. Underwood, 27 S.E. 665, 102 Ga. 558, 1897 Ga. LEXIS 567 (Ga. 1897).

Pincite

Opinion

Simmons, C. J.

Where á defendant, imprisoned under an action of trover where bail was required, petitioned the judge of the court in which the suit was pending, for his discharge, and it satisfactorily appeared that he [559]*559was unable to produce the property or to give security for the eventual condemnation money, there was no error in discharging the defendant on his own recognizance and awarding the cost of the proceeding against the plaintiff. Ragan v. Chicago Packing and Provision Co., 93 Ga. 712.

Argued April 21, Decided May 21, 1897.

Petition for discharge. Before-Judge Fish. Sumter county. October 17, 1896.

Speer & Lee, for plaintiffs in error.

Judgment affirmed.

All the Justices concurring, except Pish, J., disqualified.

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Simmons, C. J.

Where á defendant, imprisoned under an action of trover where bail was required, petitioned the judge of the court in which the suit was pending, for his discharge, and it satisfactorily appeared that he [559]*559was unable to produce the property or to give security for the eventual condemnation money, there was no error in discharging the defendant on his own recognizance and awarding the cost of the proceeding against the plaintiff. Ragan v. Chicago Packing and Provision Co., 93 Ga. 712.

Argued April 21, Decided May 21, 1897.

Petition for discharge. Before-Judge Fish. Sumter county. October 17, 1896.

Speer & Lee, for plaintiffs in error.

Judgment affirmed.

All the Justices concurring, except Pish, J., disqualified.

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Bluebook (online)

27 S.E. 665, 102 Ga. 558, 1897 Ga. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-sons-v-underwood-ga-1897.

Opinion

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