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Roberts v. Napier Brothers

Supreme Court of Georgia1906-11-12
126 Ga. 693

Authorities cited

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Opinion

majority opinion

Rise, C. J.

1. It is essential to the validity of an appeal in a justice’s court, not in forma pauperis, that the appellant give bond and security for the eventual condemnation-money. Civil Code, §§ 4140, 4458. 2. An instrument purporting to be an appeal bond, which is not signed by a surety, is fatally defective. Gordon v. Robertson, 26 Ga. 410; McMurria v. Powell, 120 Ga. 766, and cit. Judgment affirmed.

All the Justices concur.