Shirley v. Trammell

Court of Appeals of Georgia

Shirley v. Trammell

131 S.E. 190, 34 Ga. App. 776, 1926 Ga. App. LEXIS 16

CourtCourt of Appeals of Georgia

DecidedJanuary 12, 1926

Docket16917

StatusPublished

Cited by1 cases

This text of 131 S.E. 190 (Shirley v. Trammell) 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

Shirley v. Trammell, 131 S.E. 190, 34 Ga. App. 776, 1926 Ga. App. LEXIS 16 (Ga. Ct. App. 1926).

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Opinion

Broyles, O. J.

This is a suit against the sureties on a constable’s bond, and the sureties filed a plea of non est factum. Upon the trial the undisputed evidence showed that the sureties actually signed the bond in August, 1923, while the copy of the bond attached to the petition was dated January 1, 1923. The evidence as to whether the bond bore the date January 1, 1923, when the sureties signed it, was in acute conflict; and, under the other facts of the case, this question was a material one and should have been submitted-to the jury. The court, therefore, erred in not so submitting the question, and in directing a verdict for the defendants.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, O. J.

This is a suit against the sureties on a constable’s bond, and the sureties filed a plea of non est factum. Upon the trial the undisputed evidence showed that the sureties actually signed the bond in August, 1923, while the copy of the bond attached to the petition was dated January 1, 1923. The evidence as to whether the bond bore the date January 1, 1923, when the sureties signed it, was in acute conflict; and, under the other facts of the case, this question was a material one and should have been submitted-to the jury. The court, therefore, erred in not so submitting the question, and in directing a verdict for the defendants.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

131 S.E. 190, 34 Ga. App. 776, 1926 Ga. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirley-v-trammell-gactapp-1926.

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