Wilder v. Lumpkin
Supreme Court of Georgia
Motion to dismiss writ of error. Heard before the Supreme Court at Macon, February Term, 1848. Also, motion to reinstate the case after the writ of error dismissed. Tried same Term-. His Honor, Judge Lumpkin, gave no opinion, the defendant in error being a relative. On motion to dismiss writ of error, King & Gordon appeared as counsel for the plaintiff, in opposition to the motion, Harmon & Trippe, for the motion.
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Motion to dismiss writ of error. Heard before the Supreme Court at Macon, February Term, 1848. Also, motion to reinstate the case after the writ of error dismissed. Tried same Term-. His Honor, Judge Lumpkin, gave no opinion, the defendant in error being a relative. On motion to dismiss writ of error, King & Gordon appeared as counsel for the plaintiff, in opposition to the motion, Harmon & Trippe, for the motion. On motion to reinstate, — Starke, for plaintiff, Harmon & Trippe, for defendant. For the grounds of the respective motions before mentioned, see the opinion delivered by the Supreme…
1Opinion of the Court
By the Court
Nisbet, J.
delivering the opinion.
A motion was made in this case to dismiss the bill of except tions and writ of error, because the security on the appeal was not made a party. Henry H. Lumpkin had obtained judgment against James Wilder, the plaintiff in error, and his security on the appeal. Wilder brought a writ of error, without joining his security, against whom judgment had passed equally with himself. The reply to the motion to dismiss was an Act of the last Legislature, which declares that, from and after its passage, it shall not be necessary to make securities on the…
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