110 Ga. 467 | Ga. | 1900
Tucker sued Chappie in the county court, and obtained a judgment. Chappie entered an appeal to the superior court, giving a bond in which it was recited that S. ,D. Plight, whose name was signed to the bond, was security. The name of J ames PI. Roger was also signed to the bond as security. When the case was called in the superior court the plaintiff moved to dismiss the appeal, “because the name of the only one of the sureties signing the appeal bond whose name appeared in the body of the bond was security on the replevy bond, and because the appeal bond was not dated, attested, nor approved by the judge of the county court from whose decision the appeal was taken.” The judge sustained the motion, and the appellant excepted.
It does not appear that S. D. Ilight, the security on the replevy bond, was the same person who was the security on the appeal bond, but even if this is true, as the name of another security appears on the appeal bond, the fact that Plight signed the same as security would not affect its validity. It is not necessary that the name of the security should appear in the body of the bond, as signing the bond would be sufficient (Political Code, §4, par. 7), and in the absence of proof to the contrary the conclusive presumption would be that he signed it at the time he was lawfully authorized to do so, that is, before the same was filed with the officer empowered to accept it.
While the appeal bond was not dated, it appears from the record that it was filed in the office of the clerk of the superior court on the very day that the judgment appealed from was rendered. This is at least prima /acie evidence that it was executed on that day.
The remaining question is. whether, when an appeal is entered from a judgment of a county court, the appeal bond must be attested and approved by the judge of that court. • Appeals from the county court are entered under the same rules and regulations as those provided for appeals in the code. Civil Code, §4214. The appellant, previously to obtaining an appeal, is required to pay all costs which may have accrued “and give bond and security for the eventual condemnation-money.” Civil Code, § 4458. There is nothing in the statute which requires
Judgment reversed.