Home/Supreme Court of Georgia/Jackson v. Guilmartin & Co.

Jackson v. Guilmartin & Co.

61 Ga. 544
CourtSupreme Court of Georgia
DecidedAugust 15, 1878
StatusPublished
Cited by26 cases

This text of 61 Ga. 544 (Jackson v. Guilmartin & Co.) 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
Jackson v. Guilmartin & Co., 61 Ga. 544 (Ga. 1878).

Opinion

Bleckley, Justice.

Notice that the bail sought to resist the judgment by affidavit of illegality, and that the sole question is, whether the court erred in dismissng the affidavit. Treating of “ bail trover,” §3419 of the Code declares, that “ such security shall be bound for the payment of the eventual condemnation money, for which judgment may be signed up against the defendant and said security, and execution had thereon without further proceeding.” The bail or security takes the fortunes of his principal, and is bound equally with him by the judgment in the main action. No suit on the bond is necessary. The bail can no more go behind the jndgment, or attack it, by affidavit of illegality, after it is duly entered up against both, than can the principal.

Judgment affirmed.

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Bluebook (online)
61 Ga. 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-guilmartin-co-ga-1878.