Supreme Court of Georgia, 1850

Gilmer v. Allen

Supreme Court of Georgia · Decided November 15, 1850 · Lumpkin

9 Ga. 208

Cases that cite this one

9 later published cases cite this decision.

Lester v. International Brotherhood of Boilermakers (Ga. Ct. App. 1966)
Chatham v. Texaco, Inc. (Ga. Ct. App. 1964)
Wheeler v. Wheeler (Ga. Ct. App. 1950)
Chelsea Corporation v. Steward (Ga. Ct. App. 1950)
Conney v. Atlantic Greyhound Corp. (Ga. Ct. App. 1950)
Crews v. Roberson (Ga. Ct. App. 1940)
Southland Loan & Investment Co. v. Patterson (Ga. Ct. App. 1931)
Yellow Cab Co. v. General Lumber Co. (Ga. Ct. App. 1926)
Lewis v. Amorous (Ga. Ct. App. 1907)

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

By the Court.

Lumpkin, J.

delivering the opinion.

[l.j We are satisfied that there is no Statute in this State authorizing an agent to give a forthcoming bond for property levied on by attachment. Still, we think that the Court erred in sustaining the demurrer to the writ.

[2.] The defendant, by demurring, admits the ability of the plaintiff to sustain all the allegations in his declaration, by proper proof. As, for instance, if the demurrer is to a writ, as being within the Statute of Frauds, it concedes that the plaintiff can prove the promise, in accordance with the provisions of the Statute.

[3.] In other words, the plaintiff is not obliged to spread out his proof upon the record. If the rule was otherwise, the defendant, by his demurrer, might cut off the plaintiff’s testimony, however sufficient it might be to make out his case.

[4.] The declaration alleges, that the bond was executed by the principal through his agent. This averment is sufficient, and will entitle the plaintiff to recover, provided it be sustained on the trial by competent proof.

Let the judgment be reversed.

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