Warlick v. McLeod

Court of Appeals of Georgia

Warlick v. McLeod

101 S.E. 128, 24 Ga. App. 301, 1919 Ga. App. LEXIS 587

CourtCourt of Appeals of Georgia

DecidedOctober 20, 1919

Docket10475

StatusPublished

Cited by1 cases

This text of 101 S.E. 128 (Warlick v. McLeod) 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

Warlick v. McLeod, 101 S.E. 128, 24 Ga. App. 301, 1919 Ga. App. LEXIS 587 (Ga. Ct. App. 1919).

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Opinion

Jenkins, P. J.

This ease is an application for discharge in a bail-trover proceeding. The court did not err in discharging the applicant upon his own recognizance, since there was evidence to authorize a finding to the effect: (1) that the applicant was at the time the application was made, and had since remained, in the legal custody of the sheriff (Everett v. Holcomb, 1 Ga. App. 794, 58 S. E. 287); (2) that he was unable to give the bond and security required by law; and (3) that the nonproduetion of the property sued for was a physical impossibility at the time of the issuance of the writ, which condition had continued to exist without subsequent fault or misconduct on the part of the applicant. Marsh v. Ben. H. Fletcher Co., 17 Ga. App. 735 (88 S. E. 416).

Judgment affirmed.

Stephens and Smith, JJ., concur.

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Jenkins, P. J.

This ease is an application for discharge in a bail-trover proceeding. The court did not err in discharging the applicant upon his own recognizance, since there was evidence to authorize a finding to the effect: (1) that the applicant was at the time the application was made, and had since remained, in the legal custody of the sheriff (Everett v. Holcomb, 1 Ga. App. 794, 58 S. E. 287); (2) that he was unable to give the bond and security required by law; and (3) that the nonproduetion of the property sued for was a physical impossibility at the time of the issuance of the writ, which condition had continued to exist without subsequent fault or misconduct on the part of the applicant. Marsh v. Ben. H. Fletcher Co., 17 Ga. App. 735 (88 S. E. 416).

Judgment affirmed.

Stephens and Smith, JJ., concur.

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Bluebook (online)

101 S.E. 128, 24 Ga. App. 301, 1919 Ga. App. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warlick-v-mcleod-gactapp-1919.

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