Morrison v. Morrison
Supreme Court of Georgia
Complaint on notes. Before Judge Henry. Walker superior court. August term, 1896. On January 16, 1896, suit was brought by William Morrison against James Morrison upon five promissory notes dated March 4, April 4, May 4, and October 11, 1893, and July 16, 1894, payable “after date.” The declaration alleged that they were payable on demand. Upon their face they bore interest at 7 per cent, per annum, but the original declaration did not declare for interest.
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Complaint on notes. Before Judge Henry. Walker superior court. August term, 1896. On January 16, 1896, suit was brought by William Morrison against James Morrison upon five promissory notes dated March 4, April 4, May 4, and October 11, 1893, and July 16, 1894, payable “after date.” The declaration alleged that they were payable on demand. Upon their face they bore interest at 7 per cent, per annum, but the original declaration did not declare for interest. It alleged that defendant was indebted on the notes, and prayed judgment for the principal and interest of the debt. On March 30, 1896,…
1Opinion of the CourtCobb, J.
The official report states the facts.
1. A continuance was asked in this case, because the counsel for the defendant did not have in his possession at the time of the trial certain documentary evidence, consisting of a transcript of a record from the courts of another State, which' it was claimed would have established one of the defenses relied on. This evidence could have been easily obtained in time for the trial by the exercise of the sligh test diligence; and as no effort was made to secure the transcript until it was too late to obtain it, there was no error, in refusing the continuance.…
2Cited by5 opinions
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- Peirpoint v. PeirpointWest Virginia Supreme Court · 1912