65 Ga. 119 | Ga. | 1880
This was an action of trover brought by the plaintiff against the defendant for the recovery of the possession of certain property therein described, in which the plaintiff made an affidavit requiring bail as provided by the 3418th section of the Code. The defendant was arrested by the sheriff, and pending the suit he petitioned the judge of the court for his discharge from imprisonment under the provisions of the act of August nth, 1879. The judge, upon hearing the evidence as to the facts contained in the defendant’s petition, discharged him upon his own recognizance, whereupon the plaintiff excepted, and brought the case up to this court.
When the case was called for a hearing here, the defendant in error made a motion to dismiss it on the ground
Let the writ of error be dismissed.