Supreme Court of Georgia, 1901

Peppers v. Coil

Peppers v. Coil
Supreme Court of Georgia · Decided March 25, 1901 · Simmons
113 Ga. 234; 38 S.E. 823; 1901 Ga. LEXIS 214

Peppers v. Coil

Opinion of the Court

Simmons, C. J.

1. Where in the foreclosure of a landlord’s lien the defendant-contested the lien and gave a replevy bond for the eventual condemnation-money, and the case was appealed to the superior court, where the jury found •against the defendant, it was legal and proper to enter up judgment against the defendant, and also against the sureties on the replevy bond, without further notice to them. Civil Code, §§ 2817, 5342.

2. In such a proceeding it was not necessary for the levying officer to take a forthcoming bond. Civil Code, §2816, par. 8 ; Herrington v. Saulsbury, 52 Ga. 396 ; Wynn v. Knight, 53 Ga. 568.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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