Clark v. Carter
Supreme Court of Georgia
Debt, in Stewart Superior Court. Tried before Judge Iterson. This was an action from Stewart County, founded on a promissory note,, a verdict for the plaintiff, and a motion for a new trial : The facts, as shown by the record, are briefly these.
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Debt, in Stewart Superior Court. Tried before Judge Iterson. This was an action from Stewart County, founded on a promissory note,, a verdict for the plaintiff, and a motion for a new trial : The facts, as shown by the record, are briefly these. The note sued on, was in the following terms, to wit: By the first day of January next, I promise to pay James Clark, administrator of Bryan Bedingfield, deceased, or bearer, nine hundred and sixty-six dollars and thirty-seven cents, for value received. This 2d October, 1849. (Signed) William Carter. To this action, the defendant filed several pleas,…
1Opinion of the Court
*503 By the Court.
Warner, J.
delivering the opinion.
[1.] The first ground taken for a new trial, which we shall notice, is that which relates to the misapprehension of the evidence by one of the Jurymen on tjhe trial of the cause.
Isaac L. Streetman, one of the special Jurors who tried the cause, made an affidavit, in which he states, “that he returned his verdict in the case for the plaintiff, under the supposition that there had been a settlement between the parties of the accounts in defendant’s plea, from the fact that the note sued on was of a younger date than the accounts in said plea, and…
2Cited by6 opinions
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Williams v. StateSupreme Court of Georgia · 1949
- Dill v. StateSupreme Court of Georgia · 1899
- Matthews v. GraceSupreme Court of Georgia · 1945
- Gregory v. HarrellSupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.