Gullatt v. City of LaGrange

Court of Appeals of Georgia

Gullatt v. City of LaGrange

137 S.E. 413, 36 Ga. App. 584, 1927 Ga. App. LEXIS 163

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1927

Docket17797

StatusPublished

This text of 137 S.E. 413 (Gullatt v. City of LaGrange) 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

Gullatt v. City of LaGrange, 137 S.E. 413, 36 Ga. App. 584, 1927 Ga. App. LEXIS 163 (Ga. Ct. App. 1927).

Pincite

Opinion

Luke, J.

This is a suit to recover $200 deposited, as a “cash bond” to guarantee the plaintiff’s appearance as defendant at a specified term of the police court of the City of LaGrange, at which, on his failure to appear, the “bond” was marked “forfeited” to the city by the presiding judge of that court. The jury found in favor of the city, and the plaintiff excepted to the refusal to grant him a new trial. Meld:

1. Not only did the evidence adduced at the trial fail to sustain the allegations of the petition, but there was evidence from which it could reasonably have been concluded that the plaintiff at his own instance and request made the said deposit instead of giving an ordinary bond, with full knowledge that his money would be forfeited if he did not appear, and with the statement that he “damn sure wouldn’t be there.”

2. None of the grounds of the motion for a new trial require another hearing of the case.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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