Harris v. Hull
Supreme Court of Georgia
Deeds. Title. Practice in Supreme Court. Charge of Court. Before Judge Bower. Worth Superior Court. April Term, 1883. Hull brought suit against Harris on a promissory note for $5,000, with certain credits thereon, made by the defendant to J. S. Linton or bearer, on December 28,1871, and indorsed by Linton.
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Deeds. Title. Practice in Supreme Court. Charge of Court. Before Judge Bower. Worth Superior Court. April Term, 1883. Hull brought suit against Harris on a promissory note for $5,000, with certain credits thereon, made by the defendant to J. S. Linton or bearer, on December 28,1871, and indorsed by Linton. The defendant pleaded failure of consideration in this, that the note was given for the purchase money of certain lands, including land lot 95 in Worth county, and was transferred after due; that he paid on it $4,100; that lot No. 95, of the value of $1,178.50 was, at the time of the sale,…
1Opinion of the Court
Hall, Justice.
1, 2. This case has been tried three times, and each trial has resulted in a verdict for the defendant. The last verdict was set aside and a new trial ordered by the judge presiding, and to this judgment exception is taken. Unless there was some error of law prejudicing the plaintiff, this verdict should not have been set aside, especially as the evidence, to say the least, was conflicting, and there was enough in it to authorize, if not to require, the finding. It is certainly to the interest of parties, as well as the public, that there should be an end of litigation. One…
2Cases cited1 opinion
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