30 Ga. App. 760 | Ga. Ct. App. | 1923
1. Where the defendant is served and appears and pleads in the original., suit, and a verdict and judgment are rendered against him, he cannot, under any circumstances, upon a motion to vacate the judgment, urge matters of defense which were put in issue, or which could have been put in issue, in the original suit. Civil Code (1910), §§ 4335, 4336; Powell v. Boring, 44 Ga. 169; Storey v. Weaver, 66 Ga. 296; Glennville Bank v. Deal, 146 Ga. 127 (3) (90 S. E. 958); Echols v. Roberts, 22 Ga. App. 388 (2) (96 S. E. 7).
2. Where an action against several defendants is based upon joint and several liabilities, and a general verdict and judgment against,all the defendants are rendered, and where one of the defendants dies before the rendition of the judgment, the judgment is nevertheless valid as to the other defendants. Tedlie v. Dill, 3 Ga. 104; Sanders v. Etcherson, 36 Ga. 405; Thomas v. Clarkson, 125 Ga. 72 (6) (54 S. E. 77, 6 L. R. A. (N. S.) 658).
3. This was an action for the forfeiture of a criminal recognizance. The defendant - sureties interposed their answer to the rule nisi as duly issued and served. Thereafter, on February 23, 1923, the case was submitted to the jury and they returned, by direction of the court, the following verdict: “ We, the jury, find in favor of the plaintiff costs of suit.” Upon this verdict a judgment was duly entered on the same date. Subsequently (February 26, 1923) a judgment absolute was entered against the principal and the sureties for the sum of $500 upon the forfeiture of the bond. On March 23, 1923, at the same term of the
Judgment affirmed.