Court of Appeals of Georgia November 14, 1928, 19042 (Trammell v. Shirley)

Luke, J.

In this suit against the sureties on a constable’s bond the defense was non est factum. On the first trial of the case the. court directed a verdict for the defendants, and this court, in Shirley v. Trammell, 34 Ga. App. 776 (131 S. E. 190), held that the evidence was in sharp conflict as to when the bond was signed by the sureties, and reversed the judgment of the trial court.