Legal Opinion

Executors of Riggins v. Brown

Supreme Court of Georgia

Decided August 15, 1852No. 48PublishedCited by 25 opinions

' In Equity, in Pike Superior Court. Tried before Judge Starke. August Term, 1851. The facts of this case are as follows: William Brown filed his bill, setting forth that in the year 1837, four individuals, to wit: W.”V. White, E. Head, J. Killpatrick, and James Griffin, applied to James Riggins for a loan of a large sum of money; that Riggins consented to lend the amount, if William Brown, the complainant, would sign the note with them, which, on application, Brown agreed…

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' In Equity, in Pike Superior Court. Tried before Judge Starke. August Term, 1851. The facts of this case are as follows: William Brown filed his bill, setting forth that in the year 1837, four individuals, to wit: W.”V. White, E. Head, J. Killpatrick, and James Griffin, applied to James Riggins for a loan of a large sum of money; that Riggins consented to lend the amount, if William Brown, the complainant, would sign the note with them, which, on application, Brown agreed to do, not signing himself as a security, but being so in fact. The bill stated, that this note was sued by Riggins, and…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The exceptions to the answer are part of the pleadings in the case; and as pleadings, there is no reason why they should not be read to the Jury, with the other pleadings.

[2.] The Sheriff’s opinion about the sufficiency of Griffin’s property to pay the debt, was accompanied by the statement of facts upon which that opinion was founded, and for that reason admissible.

[3.] McDowell’s testimony was well admitted. The fact that he was security for the complainant on another debt, is not such an interest as will exclude him. He had no direct and…

2Cited by25 opinions

  1. Mills v. StateCourt of Appeals of Georgia · 1944
  2. Manley v. StateSupreme Court of Georgia · 1928
  3. Western & Atlantic Railroad v. City of AtlantaSupreme Court of Georgia · 1885
  4. Moore v. DozierSupreme Court of Georgia · 1907
  5. Dell v. KugelCourt of Appeals of Georgia · 1959

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