Legal Opinion

Coleman v. Neal

Supreme Court of Georgia

Decided July 15, 1850No. 96PublishedCited by 8 opinions

Application for a mandamus. Decided by Judge Warren, Randolph Superior Court, April Term, 1850. W. B. Robinson & Co. having contracted to build a courthouse in Randolph County, received from the Clerk of the Inferior Court promissory notes, payable to them or order, and signed by the Clerk, officially.

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Application for a mandamus. Decided by Judge Warren, Randolph Superior Court, April Term, 1850. W. B. Robinson & Co. having contracted to build a courthouse in Randolph County, received from the Clerk of the Inferior Court promissory notes, payable to them or order, and signed by the Clerk, officially. These notes, shortly thereafter, were transferred, before due, to John Neal, who petitioned the Inferi- or Court to issue orders upon the County Treasurer, for the amount of the notes, in their stead; the Court refusing, Neal applied for and obtained from the Judge of the Superior Court, a…

1Opinion of the Court

By the Court

Lumpkin J.

delivering the opinion,

[1.] The objection set up by Coleman, the County Treasurer of Randolph, to the payment of the orders held by Neal, is, that the consideration for which they were given, to wit: the building of a court-house for said county, has entirely failed — the courthouse having fallen down, and become altogether useless.

*562By reference to the return made by the Inferior Court to the mandamus nisi, obtained against them by Neal, to show cause why these orders should not be issued by them, in compliance with their contract, it will be found that they resisted the…

2Cited by8 opinions

  1. Franklin County v. CrowSupreme Court of Georgia · 1907
  2. Neal Loan & Banking Co. v. ChastainSupreme Court of Georgia · 1904
  3. Smith v. FullerSupreme Court of Georgia · 1910
  4. Bank of Chatsworth v. Hagedorn Construction Co.Supreme Court of Georgia · 1923
  5. Hogansville Banking Co. v. City of HogansvilleSupreme Court of Georgia · 1923

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