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Call Now: 904-383-7448When several partners or joint contractors bring or defend an action as such, any one of the partners or joint contractors may enter an appeal in the name of the firm or joint contractors and sign the name of the firm or joint contractors to a bond if required by the superior court, which shall be binding on the firm and the joint contractors as though they had signed it themselves. In the case of corporations, the appeal may be entered by the president or any agent thereof managing the case or by the attorney of record.
(Laws 1838, Cobb's 1851 Digest, p. 589; Code 1863, § 3538; Code 1868, § 3561; Code 1873, § 3618; Code 1882, § 3618; Civil Code 1895, § 4460; Civil Code 1910, § 5005; Code 1933, § 6-108.)
Last sentence of section provides for appeals by corporations. Crumm v. Allen & Co., 11 Ga. App. 203, 75 S.E. 108 (1912).
- Dismissal is proper when appeal entered by one without descriptive term attached to one's name. Holston Box & Lumber Co. v. Holcomb, 30 Ga. App. 651, 118 S.E. 577 (1923).
- Requirements of former Civil Code 1895, §§ 4639, 4640, and 4641 (see O.C.G.A. § 5-4-5), as to those who may sign a certiorari bond on behalf of a corporation are not as strict as provisions of former Civil Code 1985, § 4460 (see O.C.G.A. § 5-3-25). New York Life Ins. Co. v. Rhodes, 4 Ga. App. 25, 60 S.E. 828 (1908).
Cited in King Hdwe. Co. v. Bowden, 113 Ga. 924, 39 S.E. 404 (1901).
- 4 C.J.S., Appeal and Error, § 325 et seq.
- Survival of liability on joint obligation, 67 A.L.R. 608.
No results found for Georgia Code 5-3-25.