Collins v. Turner
Supreme Court of Georgia
Motion, in Henry Superior Court. Decided by Judge Stark, April Term, 1850. William Collins, as administrator of Sarah Guthrie, deceased, brought an action of trover, in Henry Superior Court, against Andrew Turner for the recovery of several negroes. ■ The Jury returned a verdict in favor of the plaintiff for $2100, to be discharged by the delivery of the property in a specified time. Turner, by writ of error, carried the case to the Supreme Court.
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Motion, in Henry Superior Court. Decided by Judge Stark, April Term, 1850. William Collins, as administrator of Sarah Guthrie, deceased, brought an action of trover, in Henry Superior Court, against Andrew Turner for the recovery of several negroes. ■ The Jury returned a verdict in favor of the plaintiff for $2100, to be discharged by the delivery of the property in a specified time. Turner, by writ of error, carried the case to the Supreme Court. At the February Term, 1850, of this Court at Macon, the writ of error was dismissed, upon the ground that the defendant in error, Wm. Collins, had…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The dismission of a writ of error in this Court, confirms the judgment below. This is true by our own ruling. We dismiss a writ for defective pleadings. Our judgment, in that case, is not upon the merits of the cause as made in the pleadings. It is upon the sufficiency of the pleadings, and nothing else. The confirmation of the judgment is the legal effect of the dismission of the writ. It is the conclusion which the law draws from that fact. Now, the damages are awarded for bringing up causes for delay only. Whether, they are brought up for…
2Cited by1 opinion
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