Jones v. Smith
Supreme Court of Georgia
Certiorari, in Floyd superior court. Decision by Judge Hammond, February Term, 1859. William R. Smith sued Dudley S. Jones in a justice court on a promissory note, for forty-one dollars and ninety-one cents, dated 18th January, 1850, payable one day after date.
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Certiorari, in Floyd superior court. Decision by Judge Hammond, February Term, 1859. William R. Smith sued Dudley S. Jones in a justice court on a promissory note, for forty-one dollars and ninety-one cents, dated 18th January, 1850, payable one day after date. Defendant plead paymentand set-off, and offered in evidence a receipt from plaintiff for an order on one Eddleman, for a note on E. C. Brannan, for fifty dollars ; also for a receipt of fifty-one dollars and seventy cents worth of medicine, on L. W. Hicks & Co.; specifying that said note and medicine were to be held by Smith as…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
We hold that the court was clearly wrong in deciding that the certiorari was applied for within six months “from *43and after the trial,” as the party is bound by law to do. (Cobb, 528.)
The trial took place on the 27th of November, 1857; and the petition for certiorari was filed the 28th of May, '1858. Count the six months as beginning to run the day after the trial, namely, the 28th of November, and the six months would be out at the end of the 27th of May. You cannot, of course, count the 28th of November and the 28th of May; but must include one…
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- Brown v. Emerson Brick Co.Court of Appeals of Georgia · 1914
- English v. OzburnSupreme Court of Georgia · 1877
- Texas Co. v. DavisSupreme Court of Georgia · 1924
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