McDaniel v. Wynn

Court of Appeals of Georgia

McDaniel v. Wynn

154 S.E. 720, 41 Ga. App. 788, 1930 Ga. App. LEXIS 1098

CourtCourt of Appeals of Georgia

DecidedSeptember 8, 1930

Docket20187

StatusPublished

Cited by1 cases

This text of 154 S.E. 720 (McDaniel v. Wynn) 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

McDaniel v. Wynn, 154 S.E. 720, 41 Ga. App. 788, 1930 Ga. App. LEXIS 1098 (Ga. Ct. App. 1930).

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Opinion

Bell, J.

This was a suit on a forthcoming bond in a claim case. The plaintiff obtained a verdict for $165.92. The defendant says that the court should have granted a new trial, because the highest proved value of the property which the claimant failed to produce was $225; and because, after the execution of the claim bond, certain payments were made to the plaintiff by the defendant in fi. fa., aggregating $183, by reason of which the verdict should not have exceeded the difference between the last two amounts, or $42. There is no merit in this contention. The payments having been made by the defendant in fi. fa., the presumption is that they were applied upon his own (or the main) indebtedness, and not on the liability of the obligor on the forthcoming bond, and nothing to the contrary appears. See Civil Code (1910), § 4316. After all credits were allowed, the principal debt exceeded the amount of the verdict in the suit on the bond. The court did not err in refusing a new trial.

Judgment affirmed.

Jenlcins, P. J., and Stephens, J., concur.

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Bell, J.

This was a suit on a forthcoming bond in a claim case. The plaintiff obtained a verdict for $165.92. The defendant says that the court should have granted a new trial, because the highest proved value of the property which the claimant failed to produce was $225; and because, after the execution of the claim bond, certain payments were made to the plaintiff by the defendant in fi. fa., aggregating $183, by reason of which the verdict should not have exceeded the difference between the last two amounts, or $42. There is no merit in this contention. The payments having been made by the defendant in fi. fa., the presumption is that they were applied upon his own (or the main) indebtedness, and not on the liability of the obligor on the forthcoming bond, and nothing to the contrary appears. See Civil Code (1910), § 4316. After all credits were allowed, the principal debt exceeded the amount of the verdict in the suit on the bond. The court did not err in refusing a new trial.

Judgment affirmed.

Jenlcins, P. J., and Stephens, J., concur.

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Bluebook (online)

154 S.E. 720, 41 Ga. App. 788, 1930 Ga. App. LEXIS 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-wynn-gactapp-1930.

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