Georgia Court of Appeals, 1925

Davis v. Hardwick

Georgia Court of Appeals · Decided February 24, 1925 · Stephens

33 Ga. App. 500; 126 S.E. 889; 1925 Ga. App. LEXIS 545

Cases that cite this one

4 later published cases cite this decision.

American Surety Co. v. State (Ga. Ct. App. 1935)
Worth v. State (Ohio Ct. App. 1931)
Jordan v. State (Ga. Ct. App. 1930)
Haggerty v. Iannacci (Massachusetts Superior Court 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stephens, J.

1. The mere producing into open court by the surety of the principal in a recognizance bond at the hour and minute previously set by the judge as the time for imposing sentence after conviction, *501although accompanied, with the expression from the surety, directed to the judge: “Here he is [referring to the principal]; I have brought him back as you said,” does not show a compliance with the bond under which the surety was answerable for the. principal’s presence in court until after sentence is passed. Nor does ‘a compliance with such order of the court amount to a surrender of the principal by the surety. Williams v. Jenkins, 53 Ga. 167; Perkins v. Terrell, 1 Ga. App. 250 (58 S. E. 133); Andrews v. Hardwick, 29 Ga. App. 251 (114 S. E. 644).

Decided February 24, 1925. Porter & Mebane, for plaintiff in error. James Maddox, solicitor, contra.

2. It was therefore not error to direct a verdict for the plaintiff.

Judgment affvrmed.

Jenkins, P. J., and Bell, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.