114 Ga. 947 | Ga. | 1902
Franklin sued the Southern Agricultural Works for damages. The defendant filed a demurrer to the petition, which was overruled, and to this judgment he excepted, and filed in the office of the clerk of the trial court a supersedeas bond executed in accordance with the provisions of Civil Code, § 5552, upon which Kriegshaber became surety. The judgment overruling the demurrer was affirmed by this court. See Southern Agricultural Works v. Franklin, 111 Ga. 319. While the case was pending in the trial court the defendant was adjudicated a bankrupt, and upon motion Parrott, as trustee in bankruptcy, was made a party defendant to the case. The case then proceeded to trial and resulted in .a verdict in favor of the plaintiff for $250. Upon this verdict counsel for plaintiff entered a judgment against Parrott as trustee, and Kriegshaber as surety on the supersedeas bond above referred to. Kriegshaber filed a motion to set aside the judgment, so far as it purported to affect him, and this motion was sustained by the court. To this ruling Franklin excepted.
Judgment affirmed.