Opinion
32901.
DECIDED APRIL 28, 1950. REHEARING DENIED MAY 19, 1950.
Bail trover; from McDuffie Superior Court — Judge Perryman. December 12, 1949. (Application to Supreme Court for certiorari.)
Jack D. Evans, for plaintiff.
Stevens Stevens, for defendant.
The only ground of exception made by the bill of exceptions and argued by counsel for the plaintiff in error being that the evidence adduced upon the hearing of this application by the defendant in a bail-trover action for discharge from jail on his own recognizance did not authorize the discharge, and there being evidence authorizing a finding that the applicant did not have the property in his possession at the time the bail process was sued out and that the production of the property was a physical impossibility; that the reasons for the nonproduction of the property were satisfactory; and that the applicant, because of poverty was unable to give the bond or security required by law, the order granting the discharge was authorized. Code, § 107-205; Everett, Ridley Co. v. Holcomb, 1 Ga. App. 794 (1) ( 58 S.E. 287).
Judgment affirmed. Sutton, C.J., concurs. Felton, J., concurs specially.
DECIDED APRIL 28, 1950. REHEARING DENIED MAY 19, 1950.
I think that the judgment of the court releasing the defendant was demanded by the uncontradicted evidence that the plaintiff knew at the time he instituted the proceeding that the defendant did not have possession of the property. Ragan v. Chicago Packing Provision Co., 93 Ga. 712 ( 21 S.E. 143).