Summary
In Bryant v. Owen, 1 Ga. 355, a suit against a surety on a guardian's bond, the Supreme Court held that "A decree against the guardian is only prima facie evidence of a devastavit, as against the security, not conclusive. It is subject to be rebutted by counter-testimony in behalf of the security, who will be permitted to inquire, ab origine, into the justice of the decree."
Summary of this case from Escambia Chemical Corp. v. RockerOpinion
Case No. 1D04-0690.
Opinion filed March 24, 2004.
Petition for Writ of Certiorari — Original Jurisdiction.
Enoch J. Whitney, General Counsel, and Kathy A. Jimenez, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for petitioner.
No appearance for respondent.
The petition for writ of certiorari is denied on the merits.
ALLEN, WEBSTER and BENTON, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.