Elder v. Whitehead
Supreme Court of Georgia
Affidavit on Appeal, from Pike county, decided by Judge Cabiness, at July Term, 1857. An affidavit of illegality was filed by Herbert B. Elder the defendant in ca. sa., issued from a Justice Court in favor of Zachariah O. Whitehead plaintiff in ca. sa., and Joseph B. Askew assignee. The Court dismissed the illegality and judgment was at the same term of the Court rendered upon the ca. sa. bond in favor of the plaintiff.
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Affidavit on Appeal, from Pike county, decided by Judge Cabiness, at July Term, 1857. An affidavit of illegality was filed by Herbert B. Elder the defendant in ca. sa., issued from a Justice Court in favor of Zachariah O. Whitehead plaintiff in ca. sa., and Joseph B. Askew assignee. The Court dismissed the illegality and judgment was at the same term of the Court rendered upon the ca. sa. bond in favor of the plaintiff. To this judgment Thomas D. King the defendant’s attorney appealed to the Superior Court,'and made an affidavit to the effect that he believed that Herbert B. Elder had a good…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The only question in this case is whether the attorney at law of a party can make the necessary affidavit to entitle him. *264to appeal under the act of 1842, Cobb 501, without paying costs or giving security. There is nothing in the statute authorizing it, and it must receive a strict construction. The words are quite liberal enough, without extending them to cases not provided for in the act. The Court below dismissed the appeal entered on such an affidavit, and we affirm his judgment.
Judgment affirmed.
2Cited by8 opinions
- Morse v. CaldwellCourt of Appeals of Georgia · 1937
- Jackson v. FincherCourt of Appeals of Georgia · 1973
- Hadden v. LarnedSupreme Court of Georgia · 1889
- In Re Interest of TWNebraska Supreme Court · 1990
- Carson v. Automobile Financing, Inc.Court of Appeals of Georgia · 1957
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