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Oliver v. Beasley

136 S.E.2d 530, 109 Ga. App. 558, 1964 Ga. App. LEXIS 911
CourtCourt of Appeals of Georgia
DecidedApril 7, 1964
Docket40614
StatusPublished

This text of 136 S.E.2d 530 (Oliver v. Beasley) 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
Oliver v. Beasley, 136 S.E.2d 530, 109 Ga. App. 558, 1964 Ga. App. LEXIS 911 (Ga. Ct. App. 1964).

Opinion

Eberhardt, Judge.

“[W]here the grounds of attachment fail, the replevy bond, in so far as it is sought to bind the sureties thereon, fails also. In such event there is no liability of the sureties on the bond, but their remedy is by affidavit of illegality. . .” Patne v. Oliver, 96 Ga. App. 644, 647 (101 SE2d 154) and citations. Accord: Bruce v. Conyers, 54 Ga. 678 (1); Neal v. Gordon, 60 Ga. 112 (1); Philip Carey Co. v. Sheppard, 19 Ga. App. 368 (2) (91 SE 444). The trial court properly sustained the surety’s affidavit of illegality and that judgment is

Affirmed.

Bell, P. J., and Jordan, J., concur.

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Related

Patne v. Oliver
101 S.E.2d 154 (Court of Appeals of Georgia, 1957)
Bruce v. Conyers
54 Ga. 678 (Supreme Court of Georgia, 1875)
Neal v. Gordon
60 Ga. 112 (Supreme Court of Georgia, 1878)
Philip Carey Co. v. Sheppard
91 S.E. 444 (Court of Appeals of Georgia, 1917)

Cite This Page — Counsel Stack

Bluebook (online)
136 S.E.2d 530, 109 Ga. App. 558, 1964 Ga. App. LEXIS 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-beasley-gactapp-1964.