Shirley v. Trammell

• Citation: 131 S.E. 190,34 Ga.App. 776
• Decision Date: 12 January 1926
• Docket Number: 16917.
• Parties: SHIRLEY, ORDINARY, v. TRAMMELL ET AL.
• Court: United States Court of Appeals (Georgia)

131 S.E. 190

34 Ga.App. 776

SHIRLEY, ORDINARY, v. TRAMMELL ET AL.

No. 16917.

Court of Appeals of Georgia, First Division

January 12, 1926

Syllabus by Editorial Staff.

In suit against sureties on constable's bond, where evidence as to whether bond was dated when sureties signed it was in conflict, directing verdict for defendants was erroneous.

Error from Superior Court, Milton County; D. W. Blair, Judge.

Suit by O. C. Shirley, Ordinary, for use, etc., against B. C. Trammell and others. Judgment for defendants, and plaintiff brings error. Reversed.

H. B. Moss, of Marietta, and G. B. Walker, of Alpharetta, for plaintiff in error.

J. P. Brooke, of Alpharetta, for defendants in error.

Syllabus OPINION.

BROYLES, C.J.

This is a suit against the sureties on a constable's bond, and the sureties filed a plea of non est factum. Upon the trial the undisputed evidence showed that the sureties actually signed the bond in August, 1923, while the copy of the bond attached to the petition was dated January 1, 1923. The evidence as to whether the bond bore the date of January 1, 1923, when the sureties signed it was in acute conflict, and, under the other facts of the case, this question was a material one, and should have been submitted to the jury. The court, therefore, erred in not so submitting the question, and in directing a verdict for the defendants.

Judgment reversed.

LUKE and BLOODWORTH, JJ., concur.