22 Ga. 570 | Ga. | 1857
By the Court.
delivering the opinion.
J. J. Green having been arrested upon a ca. sa. at the instance of Watkins & Ragland, gave the usual bond, with E. H. Swinney as security for his appearence at the next Term of the Court, to take the benefit of the insolvent debtors’ act. At that time an order was taken to enter up judgment upon .the bond, against the principal and his security, upon the ground, that Green had failed to appear. An execution issued, and Swinney the security, arrested the proceeding by affidavit of illegality, in which it is alleged and sworn, that Green when called, did appear, and come within the bar of the Court. The Court at the hearing, dismissed the illegality, and we are of the opinion that the judgment was right.
If there be anything peculiar in the case, recourse might he had to Equity, to make the remedy more effectual. No such resort would seem to be necessary in the present case.
Judgment affirmed.