30 Ga. App. 151 | Ga. Ct. App. | 1923
(After stating the foregoing facts.) The judge did not err in overruling the motion to arrest the judgment. The case of Mumford v. Solomon, 8 Ga. App. 286 (68 S. E. 1075), which originated in a justice’s court, is quite similar to this one, as we find from an examination of the original record. In that case suit was brought on a garnishment bond conditioned as was the one in this case. Solomon having failed in his original suit, Mumford sued on the garnishment bond. On proof that he had employed an attorney to represent him in the garnishment case and had paid the attorney $20 and was still due him $10, the justice of the peace rendered a judgment in favor of the plaintiff. Solomon procured a writ of certiorari, the judge, of the superior court sustained the certiorari, and Mumford excepted. The Court of Appeals reversed the judgment, holding (p. 287) that “the plaintiff asked for nothing more than the damages which the bond covenanted he should receive in the event there was a breach,” and that (p. 288) “the evidence sustained the judgment of the justice’s court, because the fact that the plaintiff had assumed a liability of $30 for attorney’s fees was not disputed.” Here is a direct ruling that attorney’s fees in a suit like this can be recovered as “ damages.”
From the foregoing rulings it is clear that all the damages sued for in this case were “ proximately occasioned ” by the suing out of the garnishment; and the judgment overruling the motion in arrest of judgment is
Affirmed.