Finch v. Barclay
Supreme Court of Georgia
Officers. Notice. Weights and measures. Consideration. Married women. Witness. Before Judge Roberts. Twiggs superior court. October term, 1889. A suit on a note by Barclay against Mrs. Finch, and a proceeding by him to foreclose a mortgage given by her to secure the note, were consolidated.
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Officers. Notice. Weights and measures. Consideration. Married women. Witness. Before Judge Roberts. Twiggs superior court. October term, 1889. A suit on a note by Barclay against Mrs. Finch, and a proceeding by him to foreclose a mortgage given by her to secure the note, were consolidated. She defended on the ground that at the time of the making of the note and mortgage she was a married woman and simply gave them as security for a debt of her son, receiving none of the consideration ; and upon the further ground that the consideration of the note and mortgage was certain meat and corn sold…
1Opinion of the Court
Bleckley, Chief Justice.
1. The court erred in withholding from the jury so much of the defence as related to selling by weights and measures not duly marked. True, the code, §1592, directs that “When such standards are obtained, it is the duty of such ordinary to give sixty days’ written notice thereof at the door of the court-house, and in the public gazette where the sheriff of the county advertises his sales,” and there was no affirmative evidence that such notice had been given. But the law presumes that a public officer performs all his official duties, and the effect of this presumption…
2Cases cited10 opinions
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Taliaferro v. MoffettSupreme Court of Georgia · 1875
- Chandler v. JohnsonSupreme Court of Georgia · 1869
- Freeman v. Coleman, Ray & Co.Supreme Court of Georgia · 1891
- Eaton v. KeganMassachusetts Supreme Judicial Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. HarrellSupreme Court of Georgia · 1900
- International & Great Northern Railroad v. StartzCourt of Appeals of Texas · 1906
- San Antonio & Aransas Pass Railway Co. v. TurnerCourt of Appeals of Texas · 1906
- Lovelady v. MossCourt of Appeals of Georgia · 1935
- International Minerals & Chemical Corp. v. BledsoeCourt of Appeals of Georgia · 1972
7 more not listed; retrieve them via the Exa API.