Shirley v. Price
Supreme Court of Georgia
Certiorari, in Habersham Superior Court. Decision by Judge Hutchins, at October Term, 1859. This was a certiorari sued out by ~W. C. and A. Price, to correct certain errors alleged to have been committed in a Justice Court, in a cause therein pending by petitioners for certiorari, against John Shirley. Plaintiff’s action was brought on a note, and Shirley pleaded a set-off.
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Certiorari, in Habersham Superior Court. Decision by Judge Hutchins, at October Term, 1859. This was a certiorari sued out by ~W. C. and A. Price, to correct certain errors alleged to have been committed in a Justice Court, in a cause therein pending by petitioners for certiorari, against John Shirley. Plaintiff’s action was brought on a note, and Shirley pleaded a set-off. Upon the first trial before the Justice, there was a judgment for the plaintiff; whereupon, defendant appealed. The first error alleged to have been committed by the Justice Court, was the refusal, upon motion, to dismiss…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
It is unnecessary to repeat what has been frequently decided by this Court, that it is only necessary for the security, and not' the party, to sign the appeal. Neither is there a bond required by the statute.
Here Beverly Shirley enters into a recognizance upon the minutes of the Court, as follows: “I stand security on the appeal of the above stated case,” his name being signed thereto, which is to this effect: I stand security for the eventual costs and condemnation money in the above case. Had the suit terminated against the defendant instead…
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