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OLIVER v. BEASLEY

40614.

109 Ga. App. 558 (1964)

136 S.E.2d 530

OLIVER v. BEASLEY.

Court of Appeals of Georgia.

Decided April 7, 1964.

Attorney(s) appearing for the Case

Dan S. Cowart, for plaintiff in error.

B. D. Dubberly, Sr., contra.

EBERHARDT, Judge.

"[W]here the grounds of attachment fail, the replevy bond, in so far as it is sought to bind the sureties thereon, fails also. In such event there is no liability of the sureties on the bond, but their remedy is by affidavit of illegality. . ." Patne v. Oliver, 96 Ga.App. 644, 647 (101 S.E.2d 154) and citations. Accord: Bruce v. Conyers, 54 Ga. 678 (1); Neal...

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