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Call Now: 904-383-7448The security, if any, of the party appealing shall be bound for the judgment on the appeal; and, in case the security is compelled to pay off the debt or damages for which judgment is entered in the case, he shall have recourse only against the party for whom he became security.
(Laws 1823, Cobb's 1851 Digest, p. 498; Laws 1839, Cobb's 1851 Digest, p. 500; Code 1863, § 3541; Code 1868, § 3564; Code 1873, § 3621; Code 1882, § 3621; Civil Code 1895, § 4463; Civil Code 1910, § 5008; Code 1933, § 6-112.)
- For survey article on constitutional law, see 34 Mercer L. Rev. 53 (1982).
First part of section provides for liability when principal appeals, whether or not surety appeals. Beall v. Cochran, 18 Ga. 38 (1855); Barnett v. Travis, 96 Ga. 760, 22 S.E. 314 (1895); National Sur. Co. v. White, 21 Ga. App. 471, 94 S.E. 589 (1917).
Second clause of section grants right of subrogation against principal. National Surety Co. v. White, 21 Ga. App. 471, 94 S.E. 589 (1917).
- Plaintiff, by scire facias, may charge estate of security on appeal with amount of final judgment rendered against original party. Bank of Charleston v. Moore, 6 Ga. 416 (1849).
Plaintiff may charge estate of security with amount of judgment by entry of judgment nunc pro tunc. Mayo v. Kersey, 24 Ga. 167 (1858).
- Condemnation money for which surety on appeal is liable is that which is recovered in case on appeal trial. If, by reason of injunction, death, or other cause, no trial of case is or can be had as to appellant, the surety is not subject for a breach of bond. Planters' & Miners' Bank v. Hudgins, 84 Ga. 108, 10 S.E. 501 (1889).
Cited in Satzky v. King, 115 Ga. 948, 42 S.E. 233 (1902); Bennett v. Farkas, 126 Ga. 228, 54 S.E. 942 (1906); Touchton v. Stewart, 222 Ga. 455, 150 S.E.2d 643 (1966).
- 5 Am. Jur. 2d, Appellate Review, § 231 et seq.
- Failure of sureties on appeal bond to justify after exception to their sufficiency and consequent dismissal of appeal, as releasing them from liability, 96 A.L.R. 1371.
Liability on supersedeas bond which was legally insufficient to effect stay, where enforcement of judgment was in fact suspended, 120 A.L.R. 1062.
Condition of bond on appeal not in terms covering payment of money judgment, as having that effect by implication or construction, 124 A.L.R. 501.
Attorneys' fees paid by appellee in resisting unsuccessful appellate review as damages recoverable on appeal bond, 37 A.L.R.2d 525.
Total Results: 3
Court: Supreme Court of Georgia | Date Filed: 2012-11-19
Citation: 292 Ga. 98, 734 S.E.2d 384, 2012 Fulton County D. Rep. 3595, 2012 Ga. LEXIS 959
Snippet: of adultery and cruel treatment, see OCGA § 19-5-3 (6), (10), and asked to be awarded, among other things
Court: Supreme Court of Georgia | Date Filed: 2010-05-17
Citation: 695 S.E.2d 586, 287 Ga. 358, 2010 Fulton County D. Rep. 1607, 2010 Ga. LEXIS 391
Snippet: treatment, OCGA § 19-5-3 (10), and adultery, OCGA § 19-5-3 (6). This enumeration is without merit. See generally
Court: Supreme Court of Georgia | Date Filed: 1989-10-26
Citation: 384 S.E.2d 863, 259 Ga. 541
Snippet: `campaign contribution,' as defined in OCGA § 21-5-3 (6)." The facts, more fully set forth in the Court