Taylor v. City of Atlanta

Court of Appeals of Georgia

Taylor v. City of Atlanta

67 S.E.2d 143, 84 Ga. App. 739, 1951 Ga. App. LEXIS 780

CourtCourt of Appeals of Georgia

DecidedSeptember 21, 1951

Docket33700

StatusPublished

Cited by3 cases

This text of 67 S.E.2d 143 (Taylor v. City of Atlanta) 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.

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Taylor v. City of Atlanta, 67 S.E.2d 143, 84 Ga. App. 739, 1951 Ga. App. LEXIS 780 (Ga. Ct. App. 1951).

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Opinion

Townsend, J.

Where, as here, on a certiorari from a trial court, the certiorari bond is signed by one as agent for the surety named thereon, the authority of such agent must expressly appear. The signature on the bond in this case being “Robert Lee Taylor (Seal) Principal; Mrs. A. M. Garner (Seal) By John Mitchell, Atty. in fact, Security” and no power of attorney being shown in John Mitchell to act for the security in such manner as to make the signing of her name by him binding upon her, the bond was not valid, and the court did not err in dismissing the certiorari. Darby v. City of Atlanta, 83 Ga. App. 579 (63 S. E. 2d, 121); Duncan v. City of Atlanta, 59 Ga. App. 335 (200 S. E. 815); Chiles v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 596); Garrett v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 597); Mantovani v. City of Atlanta; 43 Ga. App. 787 (160 S. E. 129).

Judgment affirmed.

MacIntyre, P. J., and Gardner, J., concur. *741 Isaac M. Wengrow, for plaintiff in error. J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, John E. Feagin, Henry L. Bowden, contra.

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Townsend, J.

Where, as here, on a certiorari from a trial court, the certiorari bond is signed by one as agent for the surety named thereon, the authority of such agent must expressly appear. The signature on the bond in this case being “Robert Lee Taylor (Seal) Principal; Mrs. A. M. Garner (Seal) By John Mitchell, Atty. in fact, Security” and no power of attorney being shown in John Mitchell to act for the security in such manner as to make the signing of her name by him binding upon her, the bond was not valid, and the court did not err in dismissing the certiorari. Darby v. City of Atlanta, 83 Ga. App. 579 (63 S. E. 2d, 121); Duncan v. City of Atlanta, 59 Ga. App. 335 (200 S. E. 815); Chiles v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 596); Garrett v. City of Atlanta, 51 Ga. App. 69 (179 S. E. 597); Mantovani v. City of Atlanta; 43 Ga. App. 787 (160 S. E. 129).

Judgment affirmed.

MacIntyre, P. J., and Gardner, J., concur. *741 Isaac M. Wengrow, for plaintiff in error. J. C. Savage, J. C. Murphy, J. M. B. Bloodworth, John E. Feagin, Henry L. Bowden, contra.

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67 S.E.2d 143, 84 Ga. App. 739, 1951 Ga. App. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-city-of-atlanta-gactapp-1951.

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