Winn v. Ingram
This text of 60 S.E. 328 (Winn v. Ingram) 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.
Opinion
Principal and surety upon a replevy bond to a distress-warrant proceeding are joint obligors. As to tlie plaintiff’s right to recover upon the distress warrant, the surety has no controversy with the plaintiff, severable from that of his principal; hence the surety can not, without joining his principal, maintain certiorari to correct alleged errors upon the trial which has resulted in a judgment against the defendant, and therefore also against his surety. Harrell v. Marshall, 125 Ga. 451 (54 S. E. 93); Waldrop v. Wolff, 114 Ga. 610, 620 (7), (40 S. E. 830); Clark v. Blalock, 114 Ga. 309 (40 S. E. 228); Norris v. Pollard, 75 Ga. 358. Section 4461 of the Civil Code is not applicable, to certiorari eases, but applies to appeals only.
Judgment reversed on the cross-hill of exceptions; main hill dismissed.
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Cite This Page — Counsel Stack
60 S.E. 328, 3 Ga. App. 628, 1908 Ga. App. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-v-ingram-gactapp-1908.