Seaboard Air-Line Railway v. Rosenbusch

Court of Appeals of Georgia

Seaboard Air-Line Railway v. Rosenbusch

76 S.E. 1041, 12 Ga. App. 154, 1913 Ga. App. LEXIS 474

Court of Appeals of Georgia·Decided January 22, 1913·No. 4504·Published·Cited by 6 cases

Opinion

Pottle, J.

1. The power of attorney of one who signs a certiorari bond as attorney in fact for the surety must accompany the bond. Southern Express Company v. Wheeler, 72 Ga. 210; Harwell v. Marshall, 125 Ga. 451 (54 S. E. 93) ; Anderson v. Southern Ry. Co., 9 Ga. App. 199 (70 S. E. 983).

2. Even if such a bond is amendable in the superior court by attaching the power of attorney, an offer to amend by attaching what purports to be a copy of such power is not sufficient; especially so when there is no proof of the existence of an original. Judgment affirmed.

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Pottle, J.

1. The power of attorney of one who signs a certiorari bond as attorney in fact for the surety must accompany the bond. Southern Express Company v. Wheeler, 72 Ga. 210; Harwell v. Marshall, 125 Ga. 451 (54 S. E. 93) ; Anderson v. Southern Ry. Co., 9 Ga. App. 199 (70 S. E. 983).

2. Even if such a bond is amendable in the superior court by attaching the power of attorney, an offer to amend by attaching what purports to be a copy of such power is not sufficient; especially so when there is no proof of the existence of an original. Judgment affirmed.

Seaboard Air-Line Railway v. Rosenbusch, 76 S.E. 1041, 12 Ga. App. 154, 1913 Ga. App. LEXIS 474 (Ga. Ct. App. 1913).

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Opinion

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