Jackson v. Guilmartin & Co.
Cases that cite this one
22 later published cases cite this decision.
- Hartford Fire Insurance Co. v. Micah A. Curtis & Angela L. Curtis and Hartford Fire Insurance Co. v. Jerry Lee Rhodes & Bonnie M. Cochran (W. Va. 2013)
- Houston General Insurance v. Stein Steel & Supply Co. (Ga. Ct. App. 1975)
- Escambia Chemical Corp. v. Rocker (Ga. Ct. App. 1971)
- O'Leary v. Smith (Ga. Ct. App. 1969)
- Pickett v. Chamblee Construction Co. (Ga. Ct. App. 1971)
- Sargeant v. Starr (Ga. Ct. App. 1960)
- Ford v. Eskridge (Ga. Ct. App. 1936)
- King v. Irwin (Ga. Ct. App. 1933)
- Taliaferro v. Farkas (Ga. Ct. App. 1932)
- Roberts v. Crosby (Ga. Ct. App. 1931)
- Branan v. Feldman (Ga. 1924)
- Connally v. Morris (Ga. Ct. App. 1923)
- Jones v. Funston (Ga. Ct. App. 1920)
- Jones v. Funston (Ga. Ct. App. 1919)
- Johnston v. Sheppard (Ga. Ct. App. 1918)
- Middleton v. Johnson (Ga. Ct. App. 1917)
- Morse v. Turner (Ga. Ct. App. 1917)
- Hogan v. Scott (Ga. 1916)
- Bedingfield v. First National Bank (Ga. Ct. App. 1908)
- Waldrop v. Wolff (Ga. 1902)
- Holmes v. Langston & Woodson (Ga. 1900)
- Thomas v. Price (Ga. 1892)
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
Notice that the bail sought to resist the judgment by affidavit of illegality, and that the sole question is, whether the court erred in dismissng the affidavit. Treating of “ bail trover,” §3419 of the Code declares, that “ such security shall be bound for the payment of the eventual condemnation money, for which judgment may be signed up against the defendant and said security, and execution had thereon without further proceeding.” The bail or security takes the fortunes of his principal, and is bound equally with him by the judgment in the main action. No suit on the bond is necessary. The bail can no more go behind the jndgment, or attack it, by affidavit of illegality, after it is duly entered up against both, than can the principal.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.