Hargraves v. Lewis
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. In the year 184 — , Felix Lewis filed a bill in Equity in Muscogee Superior Court, making the following charges : That in 1830, he borrowed of George Hargraves $3000, at the usurious rate of 14-^ per cent, per year; that after several annual renewals at the same per cent, being about to move to Mississippi, at the suggestion and request of Hargraves, complainant procured his father and…
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In Equity, in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. In the year 184 — , Felix Lewis filed a bill in Equity in Muscogee Superior Court, making the following charges : That in 1830, he borrowed of George Hargraves $3000, at the usurious rate of 14-^ per cent, per year; that after several annual renewals at the same per cent, being about to move to Mississippi, at the suggestion and request of Hargraves, complainant procured his father and brother, who had been his sureties, to make their joint note in renewal of his, and procured the indorsement of William L. Wynn…
1Opinion of the Court
*118By the Court. —
Lumpkin, J.
[1.] We cannot sustain the motion to dismiss this writ of error «on account of the non-joinder of Wynn with Hargraves as co-plaintiff. A severance having taken place between these parties in the Court below, from that time each must be considered as litigating separately. And I gladly avail myself of the opportunity thus afforded, to correct, so far as I am concerned, the views expressed by the Court when this case was before us in another form at Talbotton. (6 Ga. Rep. 207.) We there held, that the parties to a bill of review must stand in the same relative position…
2Cases cited4 opinions
- Brazier v. ClapMassachusetts Supreme Judicial Court · 1809
- Hargraves v. LewisSupreme Court of Georgia · 1849
- Alsop v. MagillSupreme Court of Connecticut · 1809
- Nisbet v. WalkerSupreme Court of Georgia · 1848
3Cited by7 opinions
- Lamar v. AllenSupreme Court of Georgia · 1899
- Holton v. LankfordSupreme Court of Georgia · 1939
- Wilson v. SchaeferTennessee Supreme Court · 1901
- Latimer v. Irish-American BankSupreme Court of Georgia · 1904
- Hoard v. Hoard's Adm'rSupreme Court of Alabama · 1868
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