Neal v. Crew
Supreme Court of Georgia
Motion to enter an appeal, in Henry Superior Court. Decided by Judge Stark. June Term, 1852. At October Term of the Superior Court of Henry County, 1851, the case of Wm. F. Crew vs. John Neal and others, was tried, and a verdict found for complainants. The Court adjourned on Friday, the 17th of the month.
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Motion to enter an appeal, in Henry Superior Court. Decided by Judge Stark. June Term, 1852. At October Term of the Superior Court of Henry County, 1851, the case of Wm. F. Crew vs. John Neal and others, was tried, and a verdict found for complainants. The Court adjourned on Friday, the 17th of the month. Between the hours of 12 o’clock on the night of the 21st, (Tuesday,) and one o’clock, of the morning of the 22d of the same month, the Clerk was aroused by a messenger, sent by defendant’s solicitor, who presented the affidavit of one of defendants, to procure an appeal, as a pauper. It…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] By the Judiciary Act of 1799, it is provided that in case either party shall be dissatisfied with the verdict of the Jury. *94either party may, within tour days after the adjournment of the Court in which such verdict was obtained, enter an appeal in the Clerk’s office, of such Court, (as matter of right,) provided the person so appealing, except executors and administrators, shall, previous to obtaining such appeal, pay all costs which may have arisen on the former trial, and give security for the eventual condemnation money. Prince, 426.
Now…
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