Molyneaux v. Collier
Supreme Court of Georgia
In Equity, from Baker Superior Court. Tried before Judge Perkins, April Term, 1858. This was a bill filed by George W. Collier, against Edward Molyneaux and others. The bill charges, that in 1838, George W. Collier, James M. Bracewell and Edward St. George, were engaged as partners in the mercantile business, in the Town of Hawkinsville, under the firm, name and style of Collier & Bracewell.
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In Equity, from Baker Superior Court. Tried before Judge Perkins, April Term, 1858. This was a bill filed by George W. Collier, against Edward Molyneaux and others. The bill charges, that in 1838, George W. Collier, James M. Bracewell and Edward St. George, were engaged as partners in the mercantile business, in the Town of Hawkinsville, under the firm, name and style of Collier & Bracewell. Collier & Bracewell executed their note to John Rawls, for $9360, which note was endorsed by Rawls to Edward Molyneaux, who afterwards sued and obtained a judgment thereon, in Pulaski Superior Court, from…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion..
[1.] This bill was returned to the June Term, 1850. At the December Term following, the answers were in, and the replications filed. At that time, therefore, it was ready for a hearing, and ought to have been set down for trial. After this, to wit: in April 1852, we have the first notice of the amendment. The only notice then given of it is, a waiver of a copy, endorsed by the counsel for the defendants. We infer that it was, without farther solemnity, at that time, filed among the papers, as an authorized amendment to the bill. The record…
2Cases cited6 opinions
- Peacock v. TerrySupreme Court of Georgia · 1850
- State v. ColemanSupreme Court of Alabama · 1837
- Doe ex dem. Vaughn v. BiggersSupreme Court of Georgia · 1849
- Whitman v. Farmers Bank of ChattahoochieSupreme Court of Alabama · 1838
- Carey v. EctorSupreme Court of Georgia · 1849
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3Cited by24 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Burgamy v. HoltonSupreme Court of Georgia · 1927
- Hawes v. GlovesSupreme Court of Georgia · 1906
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
19 more not listed; retrieve them via the Exa API.