Georgia Court of Appeals, 1935

Garrett v. City of Atlanta

Garrett v. City of Atlanta
Georgia Court of Appeals · Decided April 8, 1935 · MacIntyre
51 Ga. App. 69; 179 S.E. 597; 1935 Ga. App. LEXIS 559

Garrett v. City of Atlanta

Opinion of the Court

MacIntyre, J.

The affidavit of justification (stating the financial worth of Jordan & Garner) does not invalidate the bond; but, construing the bond together with the affidavit, the judge was authorized to find that the only persons who undertook to sign the certiorari bond as security were Jordan & Garner (whose name imports a partnership), and that B. H. Cleveland signed the name of Jordan & Garner as their agent. The authority of the agent of the partnership, signing the bond as security, should expressly appear. No' such authority appears in this case. Harwell v. Marshall, 125 Ga. 451 (54 S. E. 93); Southern Express Co. v. Wheeler, 72 Ga. 210; American National Insurance Co. v. Jordan, 26 Ga. App. 320 (105 S. E. 852). The court, therefore, properly dismissed the certiorari.

Judgment affirmed.

Broyles, O. J., concurs. Guerry, J., dissents.

(See Chiles v. Atlanta, infra.)

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