Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 24

Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...the principal, and neither he nor his counsel were in court when the case was called, and a verdict and judgment was obtained against him for $1,000. The mayor and aldermen of the city of Savannah, for the use of Mrs. Mary J. Cullum, then brought the present suit, seeking to hold ('alvitt responsible as surety on the bond. The plaintiff introduced in evidence the record in the case of Mrs. Cullum against llonnelly, together with the verdict and judgment in that case. 'l'he plaintiff also introduced in evidence the bond, and then rested. The defendant offered evidence to show that Donnelly was not 1-) blame for the injury to Mrs. Cullum, contending that if this were true the plaintiff was not entitled to recover against him as surety. The court held that the judgment against Donnelly was conclusive as against Calvitt, the surety, both as to the question of injuries sustained and the amount of the damages, and ruled out all the evidence of the defendant. This ruling is complained of as error and raises the only question for adjudication in the case. The court erred in ruling out the testimony offered by the defendant. A casual reading of the bond shows that the surety thereon never obligated himself to pay any judgment that might be obmined against the principal named therein, its language being: "This bond is conditioned to the effect that in the event of any person or property being injured or damaged by the operation of any such vehicle, from which the owner may become liable under the laws of Georgia, the person so injured in his person or property shall have a right of action under this bond." The action in the present case is not one to enforce the obligations of the bond as against both the principal and the...
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Product details

  • Paperback | 408 pages
  • 189 x 246 x 21mm | 726g
  • United States
  • English
  • black & white illustrations
  • 1236821165
  • 9781236821164