Thomas v. Ellis
Supreme Court of Georgia
Certiorari, from Fannin county. Decided by Judge Rice, November Term, 1857. This case came up in the Court below upon a certiorari. Thomas sued Ellis in a Justice’s Court on two notes. To that action Ellis pleaded the general issue ; and further, that an attachment had been sued out against one Bryson, and garnishment been issued against him, Ellis, upon which judgment had been rendered against him in Tennessee.
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Certiorari, from Fannin county. Decided by Judge Rice, November Term, 1857. This case came up in the Court below upon a certiorari. Thomas sued Ellis in a Justice’s Court on two notes. To that action Ellis pleaded the general issue ; and further, that an attachment had been sued out against one Bryson, and garnishment been issued against him, Ellis, upon which judgment had been rendered against him in Tennessee. The verdict was for the plaintiff, and defendant, Ellis, filed his petition for a writ of certiorari. In the petition the above facts were stated, and that at the time the notes were…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
It seems that Bryson held notes on Ellis, to the amount of if 120. That Bryson was indebted to McCoy, that McCoy sued Bryson on this indebtedness in Tennessee, and garnisheed Ellis, that judgment was rendered against Ellis, as garnishee, for $40 85, on which Ellis paid $20 ; that while the garnishment was pending, Bryson traded the notes he held on Ellis, or at least two of them, amounting to $50, to Thomas, who had notice of the garnishment; that, afterwards, Thomas sued Ellis on these two notes, and Ellis pleaded the foregoing facts, and proved…
2Cited by3 opinions
- Meeks v. MeeksSupreme Court of Georgia · 1953
- Ray v. WoodCourt of Appeals of Georgia · 1956
- Massee v. ParrottCourt of Appeals of Georgia · 1922