114 Ga. 151 | Ga. | 1901
A scire facias issued to forfeit a bond executed by J. F. Adams as principal, and S. M. Adams and John L. Edge as securities, payable .to A. D. Candler, Governor of the State of Georgia, or his successors in office, in the sum of one hundred dollars, dated November 2,1899. «The condition of the bond was, that its obligation should be void in the event that the principal should appear at the superior court of White county at a named term of the court, and from term to term thereafter, to answer to a bill of. indictment for the offense of misdemeanor, which had been returned as true by the grand jury of that county. Adams and Edge, at the proper time, interposed a plea and set up, for cause why the judgment nisi should not be made absolute, the following: “ That said bond was, as respects the defendant John L. Edge, executed on the 5th day of November; 1899, instead of on the 2nd, the day it purports to have been executed, and that said 5th day of November was Sunday, and that at said time the said principal, Frank Adams, was not under arrest, nor legally restrained of his liberty; which was a transaction within the ordinary callings of the parties to it; nor was it an act of necessity or charity.” In a separate plea J. F. Adams, the other security, averred that he was released, not only because of the facts pleaded by Edge, but also because he agreed to and did sign the bond with the distinct understanding that Edge was to execute the same as a joint obligor and surety with him, which agreement it was alleged was made and entered into with Turner, the. constable, and Jackson, sheriff of the county. The solicitor-general demurred to the pleas as presenting no defense to a judgment absolute. The court sustained the demurrer, struck the pleas, and made the judgment absolute. To the striking of these pleas and the rendition of this judgment the defendants excepted.
It may be well in the outset to call attention to the fact that the
. Inasmuch as the plea interposed hy the surety Edge, is declared to be without merit, it is not necessary that the defense of Adams, another surety, to the effect that by agreement he signed the bond with the understanding that Edge was to execute the same as a. joint obligor, should be separately considered. Hence, there was no error in sustaining the demurrer to the plea, and,in the absence-of further defense, in making the judgment nisi absolute, and thus-finally forfeiting the bond.
Judgment affirmed.