Odell v. Wootten
Supreme Court of Georgia
Bankruptcy. Security on appeal. ■ Decided by Judge Pakkott. Fulton Superior Court. October Term, 1868. Odell sued Wootten, and had judgment. Wootten appealed to the Supei’ior Court, giving security, and there plead that, on the 19th day of May, 1868, he had been duly adjudged a bankrupt, (vouching the record of the discharge,) and was thereby discharged from said demand.
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Bankruptcy. Security on appeal. ■ Decided by Judge Pakkott. Fulton Superior Court. October Term, 1868. Odell sued Wootten, and had judgment. Wootten appealed to the Supei’ior Court, giving security, and there plead that, on the 19th day of May, 1868, he had been duly adjudged a bankrupt, (vouching the record of the discharge,) and was thereby discharged from said demand. Plaintiff’s attorneys demurred to said plea, contending that, though Wootten was so discharged, they had a right to proceed to judgment against the security on the appeal. The Court overruled the demurrer, and ordered the…
1Opinion of the CourtBrown, C. J.
The defendant in this case became security on an appeal bond, executed for the purpose of taking an appeal from the judgment of the County-Court to the Superior Court, as provided by law, prior to the adoption of our new Constitution, by which such an appeal is no longer allowed. The effect of the appeal was to bring up the whole ease for a new trial before a special jury.
After this appeal was entered, the principal in the Court below, who had entered the appeal, was adjudged a bankrupt, and was fully discharged as such in the proper Court. And the question presented for our adjudication is,…
2Cited by17 opinions
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