Mason & Waldrip v. Dean & Nash
Supreme Court of Georgia
Illegality, in DeKalb Superior Court. Decided by Judge Hill, March Term, 1851. At the September Term, 1849, of DeKalb Superior Court, a bill in Equity, wherein Dean & Nash were complainants, and Mason & Waldrip were defendants, was dismissed and order passed by the Court, that the defendants have leave to enter up judgment for the cost against the complainants. Judgment was accordingly entered up and a fi. fa. issued thereon.
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Illegality, in DeKalb Superior Court. Decided by Judge Hill, March Term, 1851. At the September Term, 1849, of DeKalb Superior Court, a bill in Equity, wherein Dean & Nash were complainants, and Mason & Waldrip were defendants, was dismissed and order passed by the Court, that the defendants have leave to enter up judgment for the cost against the complainants. Judgment was accordingly entered up and a fi. fa. issued thereon. To this fi. fia. the defendants, Dean & Nash, filed an affidavit of illegality, upon the following grounds: “ Because said fi. fa. was issued from a judgment rendered…
1Opinion of the Court
By the Comí.
Lumpkin, J.
delivering the opinion.
[X.] If it were not for the well authenticated practice which has obtained in almost every circuit of this State, of not allowing cost to be taxed for witnesses who are not sworn, we should feel somewhat embarrassed as to- the proper course to be adopted.
The rule which has been established, is simple and practical, and easy to be understood. It cannot be doubted, however, that it frequently works much hardship and injustice to the successful suitor.
Admissions of facts may be made at the trial, which would render the examination of the witnesses…
2Cited by2 opinions
- United States v. MillerDistrict Court, S.D. Georgia · 1915
- Owens v. MaddoxCourt of Appeals of Georgia · 1950