84 Ga. 108 | Ga. | 1889
1. The obligation of a security on an appeal bond is for “the eventual condemnation money.” Code, §3616. He is bound “for the judgment on the appeal.” Code, §3621. The eventual condemnation money is that which is recovered in the identical case in which the appeal is taken. Lockwood v. Saffold, 1 Ga. 72. The judgment for which he is bound is therefore a judgment to be rendered in that case. Without a recovery against the principal or his legal representative, there can be none against him. The opposite party cannot make a judgment in his favor obtained in another court, or in another suit, though on the same debt or demand, the measure of the liability of the security .on appeal. The latter is entitled to stand upon the terms of his contract, and they obligate him to abide the judgment after its rendition in the specific case in which the appeal was entered, and not the judgment rendered in some other case. If for any cause the opposite party cannot or will
2. There was no error in dismissing the case at the instance of counsel representing Hudgins, the security on appeal, as the plaintiff declined to accept a continuance to give opportunity for having the estate of the deceased appellant represented and for making such representative a party to the action.
Judgment affirmed.