Rogers v. Sandford Kingsbury
Supreme Court of Georgia
In Equity, from Carroll Superior Court. Decision by Judge Hammond, at Chambers, 30th October, 1856. The bill alleges that the defendant Sandford Kingsburybrought an action for slander against the complainant, J ames H. Rogers, returnable to April Term, 1850, of Carroll Superior Court.
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In Equity, from Carroll Superior Court. Decision by Judge Hammond, at Chambers, 30th October, 1856. The bill alleges that the defendant Sandford Kingsburybrought an action for slander against the complainant, J ames H. Rogers, returnable to April Term, 1850, of Carroll Superior Court. That in order to expedite the cause, and bring it to a final trial, complainant confessed judgment to defendant fon Jive hundred dollars, reserving the right of appeal, and that it was the understanding of all the parties and attorneys in the case, that complainant’s defence to said suit would not be impaired or…
1Opinion of the Court
By the Court.-
Benning, J.
delivering the opinion.
The writ of error would have furnished a corrective for the errors complained of in the bill. But the benefit of the writ of error was lost to the complainant by his own negligence. If he had applied to this Court for a mandamus against the Clerk, at the term to which his writ of error was returnable, he would have saved the return of his case. But he never applied for a mandamus at any term, and he gives no excuse for never having applied for one. We must impute it to his ■negligence therefore, that he did not get a mandamus, and consequently,…
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