Ga.-ala. Bus. Coll. v. Constitution Pub. Co

• Decision Date: 14 October 1910
• Docket Number: (No. 2,599.)
• Citation: 69 S.E. 34,8 Ga.App. 348
• Parties: GEORGIA-ALABAMA BUSINESS COLLEGE v. CONSTITUTION PUB. CO.
• Court: Georgia Court of Appeals

69 S.E. 34

(8 Ga.App. 348)

GEORGIA-ALABAMA BUSINESS COLLEGE

v.CONSTITUTION PUB. CO.

(No. 2, 599.)

Court of Appeals of Georgia.

Oct. 14, 1910.

(Syllabus by the Court.)

1. Corporations (§ 402^*) — Signature to Bond on Behalf of Corporation.

The court erred in dismissing the certiorari. [Ed. Note.—For other cases, see Corporations, Cent. Dig. § 1739; Dec. Dig. § 402.*]

(Additional Syllabus by Editorial Staff.)

2. Principal and Agent (§ 119*)—Signing Certiorari Bond—Presumption'.

Where a certiorari bond appears upon its face to have been signed by one apparently authorized to act as agent, authority to sign such bond is to be presumed, and the presumption continues until rebutted by proof.

[Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. § 391; Dec. Dig. § 119.*]

Error from Superior Court, Bibb County; W. H. Felton, Judge.

Action by the Constitution Publishing Company against the Georgia-Alabama Business College. From a judgment dismissing defendant's certiorari, it brings error. Reversed.

Sidney W. Hatcher, for plaintiff in error.

R. S. Wimberly, for defendant in error.

HILL, C. J. The only question made by the bill of exceptions is whether the following instrument is a valid bond, properly executed as a part of the petition for certiorari. "Georgia, Bibb County. In the case of the Constitution Publishing Co. v. Georgia-Alabama Business College, in the justice court of said county for the 716th district G. M., the said defendant being dissatisfied with the judgment rendered therein and desiring to certiorari said case, brings W. C. Livingston and tenders him as security, and thereupon the said Georgia-Alabama Business College, principal, and the said W. C. Livingston, security, acknowledge themselves jointly and severally bound to the said plaintiff for the eventual condemnation money and all future costs in said case, for the payment of whichthey bind themselves firmly by these presents. Witness our hands and seals this 10th day of July, 1909. [Signed] W. C. Livingston. [L. S.] Eugene Anderson, President. Attested and approved: [Signed] J. P. Burnett, N. P. & ex officio J. P." The judge of the superior court dismissed the certiorari on the ground that this was not a proper bond, and it was not properly executed by the plaintiff in certiorari. As a part of the petition for certiorari, and executed simultaneously with the bond, appears the following affidavit: "Georgia, Bibb County. I, Eugene Anderson, president of the Georgia-Alabama Business College, do solemnly swear that this petition for certiorari is not filed in the case for the purpose of delay only, and I verily believe that defendant has good cause for certiorari, and that the facts stated in the foregoing petition so far as they come within my own knowledge are true, and that so far as they are derived from the knowledge of others I believe them to be true. [Signed] Eugene Anderson. Sworn to and subscribed to before me this 10th day of July, 1909. [Signed] Warren Roberts, Notary Public, Bibb County, Ga."

The objection is urged that the bond is not the bond of the petitioner in certiorari, the Georgia-Alabama Business College, but that the words "Eugene Anderson, President, " signed to the bond, are merely descriptio persona?, and the bond is the bond of Eugene Anderson, and not the bond of the Georgia-Alabama Business College. The old maxim, "Id certum est quod reddi certum potest, " would seem to be applicable. The bond purports on its face to be the bond of the...