95 Ga. 436 | Ga. | 1895
A. & N. M. Block brought an action of bail-trover against Minnie Tinsley, for the recovery of certain personal property. The defendant failing to replevy the same, the plaintiffs gave bond as provided in section 3420 of the code, and took possession of the property.
This case was tried on the 13th day of June, 1894, and resulted in a judgment of nonsuit. Thereupon, counsel for the defendant asked leave to enter a judgment against the plaintiffs and their surety for the value of the property, as recited in the bond, and the judge announced that he would reserve his decision upon this
In passing upon this question, we will first call attention to the fact that if, for any reason, the judgment of nonsuit was erroneously or improvidently granted, it was nevertheless fully binding upon the Blocks, they never having in any manner excepted to it. That the court was right in allowing the defendant Tinsley to enter up judgment against the Blocks and their surety for the restitution of the property or its value, is settled by the decision of this court in Thomas v. Price, 88 Ga. 533. That judgment, though not in fact entered upon
When the judgment of nonsuit was rendered, and the defendant elected to take a money judgment for the value of the property, that property, so far as she was •concerned, became the property of the Blocks; and when that money judgment was legally entered, as was done, and was acquiesced in by the Blocks by failing to except to it, the question of title to the property originally in dispute was forever settled between these parties. The Blocks gained nothing whatever by returning it to the officer, nor could they by this means wipe out all that had been done, and begin anew. The rights of all the parties having become fixed by the judgment finally entered in the original bail-trover action, it was too late, after the time for excepting to that judgment had expired, to reopen the proceedings by an equitable petition. The court below was therefore right in dismissing the same. Judgment affirmed.