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Garrett v. City of Atlanta

179 S.E. 597, 51 Ga. App. 69, 1935 Ga. App. LEXIS 559
CourtCourt of Appeals of Georgia
DecidedApril 8, 1935
Docket24295
StatusPublished
Cited by4 cases

This text of 179 S.E. 597 (Garrett v. City of Atlanta) 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
Garrett v. City of Atlanta, 179 S.E. 597, 51 Ga. App. 69, 1935 Ga. App. LEXIS 559 (Ga. Ct. App. 1935).

Opinion

MacIntyre, J.

The affidavit of justification (stating the financial worth of Jordan & Garner) does not invalidate the bond; but, construing the bond together with the affidavit, the judge was authorized to find that the only persons who undertook to sign the certiorari bond as security were Jordan & Garner (whose name imports a partnership), and that B. H. Cleveland signed the name of Jordan & Garner as their agent. The authority of the agent of the partnership, signing the bond as security, should expressly appear. No' such authority appears in this case. Harwell v. Marshall, 125 Ga. 451 (54 S. E. 93); Southern Express Co. v. Wheeler, 72 Ga. 210; American National Insurance Co. v. Jordan, 26 Ga. App. 320 (105 S. E. 852). The court, therefore, properly dismissed the certiorari.

Judgment affirmed.

Broyles, O. J., concurs. Guerry, J., dissents.

(See Chiles v. Atlanta, infra.)

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Related

Holloway v. City of Atlanta
92 S.E.2d 615 (Court of Appeals of Georgia, 1956)
Taylor v. City of Atlanta
67 S.E.2d 143 (Court of Appeals of Georgia, 1951)
Darby v. City of Atlanta
63 S.E.2d 906 (Court of Appeals of Georgia, 1951)
Duncan v. City of Atlanta
200 S.E. 815 (Court of Appeals of Georgia, 1939)

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Bluebook (online)
179 S.E. 597, 51 Ga. App. 69, 1935 Ga. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-city-of-atlanta-gactapp-1935.