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RESOLUTE INSURANCE COMPANY v. BRAYTON

44073.

119 Ga. App. 412 (1969)

167 S.E.2d 398

RESOLUTE INSURANCE COMPANY v. BRAYTON et al.

Court of Appeals of Georgia.

Decided March 3, 1969.

Rehearing Denied March 18, 1969.

Attorney(s) appearing for the Case

Ansley & Jewett, C. Lawrence Jewett, for appellant.

Herbert O. Edwards, for appellees.

FELTON, Chief Judge.

1. In such a case the surety is absolutely bound by the judgment rendered against the principal and will not be heard to impeach or attack it in any way for causes which were or could have been a matter of defense by its principal. Ford v. Eskridge, 53 Ga.App. 466 (2) (186 SE 204), and cases cited. In this case the defendant tenant could have attacked the verdict as being inconsistent but abandoned his motion for a new trial.

2...

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