Johnson v. Bemis
Supreme Court of Georgia
Motion for a new trial, decided by Judge Warren, Early Superior Court, April Term, 1848. At February Term, 1840, Charles F. Bemis recovered of Samuel Johnson, in the Superior Court of Early county, a judgment for $2538 74, principal, with interest and costs.
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Motion for a new trial, decided by Judge Warren, Early Superior Court, April Term, 1848. At February Term, 1840, Charles F. Bemis recovered of Samuel Johnson, in the Superior Court of Early county, a judgment for $2538 74, principal, with interest and costs. At the same Term a rule nisi was granted for a new trial at the instance of the defendant, to be heard at the next Term, on the ground “ that “ the defendant is unable to give security to enter an appeal, and “ that he has a valid and bona fide defence to said action, as set “ forth in his affidavit, viz : that he expects to plead and…
1Opinion of the Court
By the Court
Nisbet, J,
delivering the opinion.
1. The motion in the Court below was to set aside the judgment and execution against the plaintiff in error, because, after granting a rule nisi for a new trial, returnable to the next Term with a supersedeas, the presiding Judge had, in vacation, when there was no order to that effect taken and entered on the minutes, considered and dismissed the rule, and directed the execution to issue. This motion was refused by Judge Warren, and hence this writ of error. We think the motion to set aside the judgment and execution, ought to have prevailed. The…
2Cited by2 opinions
- Western & Atlantic Railroad v. JohnsonSupreme Court of Georgia · 1877
- Scarbrough v. BellSupreme Court of Georgia · 1941