Mitchell v. Printup
Supreme Court of Georgia
Illegality, in Floyd Superior Court. Decided by Judge ’Triple, December Term, 1855. D. S. Printup sued D. R. Mitchell in an action of trover for seven notes of $12 50 each, and one note of $25 made by •one Morris. The Jury found the following verdict: “ We, the Jury, find for the plaintiff One Hundred and Fifty-six ffg Dollars, which may be discharged by returning the notes in twenty days; •ROBERT WOOD, Foreman.”
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Illegality, in Floyd Superior Court. Decided by Judge ’Triple, December Term, 1855. D. S. Printup sued D. R. Mitchell in an action of trover for seven notes of $12 50 each, and one note of $25 made by •one Morris. The Jury found the following verdict: “ We, the Jury, find for the plaintiff One Hundred and Fifty-six ffg Dollars, which may be discharged by returning the notes in twenty days; •ROBERT WOOD, Foreman.” The judgment entered on .this verdict described the notes as being “ for rent,” and had these words, “ all to be delivered, in twenty days.” The defendant, within twenty days,…
1Opinion of the Court
By the• Court.
Lumpkin, J.
delivering the opinion.
[1.] It is unquestionably a relaxation of the law and a privilege to defendants, to permit them to deliver up the property in discharge of the damages recovered against them in actionsj of trover. But the verdict being in the alternative, they must elect to do one or the other. They will not be allowed to deliver in part and pay in part. Such an indulgence, were it sanctioned, might and would be frequently and grossly abused. Hence, we affirm the judgment of the Circuit Court in dismissing this illegality.
[2.] The discrepancy between the…
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