Horn v. Folsom

Court of Appeals of Georgia

Horn v. Folsom

87 S.E. 150, 17 Ga. App. 384, 1915 Ga. App. LEXIS 438

CourtCourt of Appeals of Georgia

DecidedDecember 2, 1915

Docket6362

StatusPublished

This text of 87 S.E. 150 (Horn v. Folsom) 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

Horn v. Folsom, 87 S.E. 150, 17 Ga. App. 384, 1915 Ga. App. LEXIS 438 (Ga. Ct. App. 1915).

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Opinion

Wade, J.

It appearing that the bond which the defendant in the original possessory warrant tendered, to regain possession of the property awarded by the justice of the peace to the plaintiff in that proceeding, did not in its terms conform to all the requirements of section 5374 of the Civil Code, and that this bond (tendered within 10 days after that judgment) was therefore insufficient, the judge of the city court, in his judgment on the possessory warrant subsequently sued out by the said defendant to regain possession of the property, did not err in refusing to. award possession to him; and hence the judge of the superior court properly declined to sanction his petition for certiorari. See, in this connection, Bush v. Rawlins, 80 Ga. 583 (5 S. E. 761).

Judgment affirmed.

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Wade, J.

It appearing that the bond which the defendant in the original possessory warrant tendered, to regain possession of the property awarded by the justice of the peace to the plaintiff in that proceeding, did not in its terms conform to all the requirements of section 5374 of the Civil Code, and that this bond (tendered within 10 days after that judgment) was therefore insufficient, the judge of the city court, in his judgment on the possessory warrant subsequently sued out by the said defendant to regain possession of the property, did not err in refusing to. award possession to him; and hence the judge of the superior court properly declined to sanction his petition for certiorari. See, in this connection, Bush v. Rawlins, 80 Ga. 583 (5 S. E. 761).

Judgment affirmed.

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Bluebook (online)

87 S.E. 150, 17 Ga. App. 384, 1915 Ga. App. LEXIS 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-v-folsom-gactapp-1915.

Opinion

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