Bostwick v. Perkins
Supreme Court of Georgia
This was a motion to set aside a judgment for $3537-,^, in favor of the defendants against the plaintiff in error, in Pulaski Superior Court. Tried before Judge SCARBOROUGH, and motion refused, October Term, 1847. All the facts necessary for a proper understanding of the points decided, are embodied in the opinion of the Court. "Wm.
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This was a motion to set aside a judgment for $3537-,^, in favor of the defendants against the plaintiff in error, in Pulaski Superior Court. Tried before Judge SCARBOROUGH, and motion refused, October Term, 1847. All the facts necessary for a proper understanding of the points decided, are embodied in the opinion of the Court. "Wm. S. Rockwell, for plaintiff in error, cited the following authorities: 1st. As to the judgment being void. 8 Conn. 584. 1 Peters’" C. C. R. 482. 13 S. Sf R. 186. 5 Id. 358. 2 Const. R. So. Ca. 339. 3 Mtmf. 550. 4 Id. 95. 5 Id. 23. 3 Conn. 513. Dougl. 679. Smith’s…
1Opinion of the Court
By the Court.
Warner, J.,
delivering the opinion.
From the record in this case, it appears that an action of as-sumpsit was instituted in the Superior Court of Pulaski county, against Bostwick, the plaintiff in error,, as the adm’r of James *49Bright, deceased, on a promissory note made by Bright & Walker, who were copartners.
The defendant was duly served with process and confessed judgment to the plaintiffs, for the amount due on the note in the C ourt below, and judgment was rendered against him in July, 1841.
In October 1847, the defendant made a motion in the Court below to quash the judgment,…
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