McConnell v. Cherokee National Bank
Court of Appeals of Georgia
Affidavit of illegality; from city court of Moyd county — Judge Nunnally. November 2, 1915. '
1Opinion of the Court
Russell, O. J.
1. Since an agreement not to prosecute for crime, or to suppress a criminal prosecution, is forbidden by law, irrespective of the motive of the parties (Frick v. Moore, 82 Ga. 159-160 (8 S. E. 80)), a note given for no other purpose than to suppress a criminal prosecution is Void for the want of consideration, whether the accused person be innocent or guilty. Lucas v. Castelow, 8 Ga. App. 812 (70 S. E. 184). See also Cromer v. Evett, 11 Ga. App. 654 (75 S. E. 1056).
2. The question as to whether a particular note was given merely to settle a criminal prosecution, or upon another…
2Cases cited3 opinions
- Frick & Co. v. MooreSupreme Court of Georgia · 1888
- Lucas v. CastelowCourt of Appeals of Georgia · 1911
- Cromer v. EvettCourt of Appeals of Georgia · 1912
3Cited by7 opinions
- Iteld v. KarpCourt of Appeals of Georgia · 1952
- Sheehan v. City Council of AugustaCourt of Appeals of Georgia · 1944
- Epps v. AndersonCourt of Appeals of Georgia · 1922
- Hazen v. Rich's, Inc.Court of Appeals of Georgia · 1976
- Singer Sewing Machine Co. v. EscoeSupreme Court of Oklahoma · 1937
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