FIRST NATIONAL BANK &c. CO. v. McELMURRAY

44080, 44081.

120 Ga. App. 134 (1969)

169 S.E.2d 720

FIRST NATIONAL BANK & TRUST COMPANY OF AUGUSTA v. McELMURRAY et al. INTERSTATE SECURITIES COMPANY v. McELMURRAY et al.

Court of Appeals of Georgia.

Decided May 19, 1969.

Rehearing Denied July 17, 1969.


Attorney(s) appearing for the Case

Hull, Towill & Norman, Julian B. Willingham, Fulcher, Fulcher, Hagler, Harper & Reed, William C. Reed, for appellants.

Congdon & Williams, W. Barry Williams, for appellees.


QUILLIAN, Judge.

1. Interstate now contends that while Smith filed a claims affidavit, no bond as required by Code § 39-802 was filed with the affidavit. The record reveals that no objection based on this ground was made in the lower court.

The rule is well settled that a claim filed by a third party is invalid in the absence of an affidavit in forma pauperis or a bond indemnifying the plaintiff in...

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