Hartridge v. McDaniel
Supreme Court of Georgia
■ Complaint, in Dooly Superior Court. Tried before Judge Powers, April Term, 1866. This action was brought on a note for $400 in Dooly Inferior Court, by Algernon S. Hartridge against William McDaniel. The defendant confessed judgment and entered an appeal to the Superior Court. On the trial in the Superior Court, plaintiff introduced the note and closed. Thomas II.
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■ Complaint, in Dooly Superior Court. Tried before Judge Powers, April Term, 1866. This action was brought on a note for $400 in Dooly Inferior Court, by Algernon S. Hartridge against William McDaniel. The defendant confessed judgment and entered an appeal to the Superior Court. On the trial in the Superior Court, plaintiff introduced the note and closed. Thomas II. Dawson, the Attorney of defendant, was introduced as a witness for the defence, and testified, that he ad-, vised defendant to enter an appeal from the Inferior to the Superior Court, on the ground that the process attached to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Before the Jury is authorized to assess damages, they, must be satisfied of two things, namely: that the appeal was frivolous, and intended for delay only. This is the language of the law. (Cobb, 495.)
Six months ago we had two cases returned to this Court, at this place, upon the very ground upon which this appeal was entered; that is, that the process was attested in the name of but one only of the five Justices of the Inferior Court. Then, for the first time, an authoritative interpretation was put upon the Statute. And we did not hesitate…
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