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Cox v. Dorsey, Governor

Supreme Court of Georgia1922-01-12No. No. 2685
152 Ga. 532

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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

dissent 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).