Supreme Court of Georgia, 1922

Cox v. Dorsey

Cox v. Dorsey
Supreme Court of Georgia · Decided January 12, 1922 · Gilbert, Hill, Pee
152 Ga. 532; 110 S.E. 236; 1922 Ga. LEXIS 209

Cox v. Dorsey

Opinion of the Court

Pee Curiam

1. Under the facts stated in the question, the term “ accusation ” in the recognizance is broad enough to include the term “warrant.” See Cleveland v. Brown, 141 Ga. 829 (82 S. E. 243); Foole v. Gordon, 87 Ga. 277 (13 S E. 512).

2. Accordingly it should be presumed that the obligors in the bail-bond understood when they executed it that the term “ accusation ” therein referred to a “ warrant.”

All the Justices concur, except

Dissenting Opinion

Hill and Gilbert, JJ.,

dissenting. The undertaking of obligors in a criminal recognizance is stricti juris. They cannot be bound further than the very terms of their contract. Colquitt v. Smith, 65 Ga. 341, 342; Roberts v. Gordon, 86 Ga. 386 (12 S. E. 648).

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