Walker v. Scott
Supreme Court of Georgia
In Upson Superior Court. Decision by Judge Cabaniss, at May Term, and May adjourned Term, 1859. These three cases were heard and decided together. The facts of the cases, are as follows: In January, 1858, Isaac Scott, of the county of Bibb, instituted his action of assumpsit against James S. Walker, of the county of Upson, on a promissory note, for about nine thousand dollars, returnable to the February Term of the Inferior Court of said county.
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In Upson Superior Court. Decision by Judge Cabaniss, at May Term, and May adjourned Term, 1859. These three cases were heard and decided together. The facts of the cases, are as follows: In January, 1858, Isaac Scott, of the county of Bibb, instituted his action of assumpsit against James S. Walker, of the county of Upson, on a promissory note, for about nine thousand dollars, returnable to the February Term of the Inferior Court of said county. In this suit, plaintiff’s attorney made and filed an affidavit for bail, and defendant was arrested by the Sheriff and executed the ordinary bail…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
The real points in these three cases are few and simple. Isaac Scott, in the due course of trade, became possessed *397of a promissory note, made by James S. Walker, Benjamin Walker and others, for $9,000. He instituted a suit against James S. Walker alone, who confessed judgment thereon and entered an appeal — Benjamin Walker and Daniel Grant becoming securities on the appeal. James S. Walker again confessed judgment on the appeal, and Col. Green, the plaintiff’s attorney, entered up judgment against James S. Walker and Daniel Grant, only, one of…
2Cited by4 opinions
- Mitchell v. LongSupreme Court of Georgia · 1885
- Rucker v. WilliamsSupreme Court of Georgia · 1908
- Miller v. JacksonCourt of Appeals of Georgia · 1934
- Thompson v. KimbrelSupreme Court of Georgia · 1872