Howard v. Boone

164 S.E. 470, 45 Ga. App. 356, 1932 Ga. App. LEXIS 314

Opinion

Broyles, C. J.

1. The motion of the defendant in error to dismiss the bill of exceptions is denied.

2. The statute as to the giving of a bond for payment of the eventual condemnation money and all future costs before the issuance of a writ of certiorari (Civil Code of 1910, § 5185) was not complied with by giving a bond in which the penalty named was $100; and the court properly dismissed the certiorari. Westbrook v. Moore, 59 Ga. 204, 205, 206; Gullatt v. Blankenship, 42 Ga. App. 139 (155 S. E. 353), and cit.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account o} illness.