Shinholser v. Jordan

Supreme Court of Georgia

Shinholser v. Jordan

41 S.E. 610, 115 Ga. 462, 1902 Ga. LEXIS 451

CourtSupreme Court of Georgia

DecidedApril 30, 1902

StatusPublished

Cited by3 cases

This text of 41 S.E. 610 (Shinholser v. Jordan) 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

Shinholser v. Jordan, 41 S.E. 610, 115 Ga. 462, 1902 Ga. LEXIS 451 (Ga. 1902).

Pincite

Opinion

Little, J.

Before a defendant in an action of trover where bail has been required can lawfully be discharged from custody on his own recognizance, under his petition alleging that he is neither able to give the security required by «law nor produce the property as provided in the Civil Code, § 4608, it must appear to the judge to whom such petition is addressed that the defendant can neither give the security nor produce the property, and that the reasons for its non-production are satisfactory.

It was error to discharge such a defendant from custody on a finding that he could not produce the property but could give the security required by law.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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