Rutland v. Hathorn
Supreme Court of Georgia
Rule to establish note. Polling jury. Tried before Judge Speer. Monroe Superior Court, February Term, 1867. Roderick Rutland alleged that he had had a promissory note made by Thomas Hathorn, payable to him, or bearer, for Sixty Dollars, dated 22d June, 1862, and due one day after date, and that said note was lost, and obtained a rule nisi, calling on Hathorn to show cause why a copy should not be established. For cause, Hathorn plead that he never executed such note.
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Rule to establish note. Polling jury. Tried before Judge Speer. Monroe Superior Court, February Term, 1867. Roderick Rutland alleged that he had had a promissory note made by Thomas Hathorn, payable to him, or bearer, for Sixty Dollars, dated 22d June, 1862, and due one day after date, and that said note was lost, and obtained a rule nisi, calling on Hathorn to show cause why a copy should not be established. For cause, Hathorn plead that he never executed such note. At the trial, a special jury was empanelled to try said issue, neither party objecting, and both parties assenting thereto, as…
1Opinion of the CourtWalker, J.
This is an unfortunate controversy about a small matter between two old men, neighbors, of good character, and who have got into this trouble owing to the confusion incident to the war. Both are equally honest in this matter, doubtless, but owing to the excitement of the times, and the frailty of memory, a misunderstanding has arisen, which it is very difficult, if not impossible to adjust satisfactorily. In this state of uncertainty, we are disposed to leave the case where the Court below left it. The jury having decided the question upon the evidence, which is admitted to be conflicting,…
2Cases cited4 opinions
- Smith v. MitchellSupreme Court of Georgia · 1849
- Taylor v. HollandSupreme Court of Georgia · 1856
- McElven v. StateSupreme Court of Georgia · 1860
- Smith v. SmithSupreme Court of Georgia · 1859
3Cited by14 opinions
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- White v. Seaboard Coast Line RailroadCourt of Appeals of Georgia · 1976
- Peavey v. CrawfordSupreme Court of Georgia · 1941
- Faith v. City of AtlantaSupreme Court of Georgia · 1887
- Ballard v. FreyCourt of Appeals of Georgia · 1984
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