Eady v. Napier, Worsham & Co.
Supreme Court of Georgia
Equitable petition. Before Judge Honey. Bibb superior court. April term, 1894. On January 6, 1892, Tom Eady bought a mule from •defendants at $150, for which be gave them, bis notes for $75 each, due November 1, 1892, secured by mortgage on the mule and a wagon. Jeff’ Eady signed the notes as surety. A few days before they fell due, Tom ■returned the mule to defendants and delivered them the wagon in payment for the use of the mule.
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Equitable petition. Before Judge Honey. Bibb superior court. April term, 1894. On January 6, 1892, Tom Eady bought a mule from •defendants at $150, for which be gave them, bis notes for $75 each, due November 1, 1892, secured by mortgage on the mule and a wagon. Jeff’ Eady signed the notes as surety. A few days before they fell due, Tom ■returned the mule to defendants and delivered them the wagon in payment for the use of the mule. No price was agreed on for the mule and wagon, but he was given a receipt therefor, with the understanding that they would surrender him the notes when he paid…
1Opinion of the CourtSimmons, C. J.
1. The fact that the plaintiffs’ attorney, after a case had been continued in a justice’s court, merely informed the defendants that the case would not be tried that day but would be tried the next month, is no cause for setting aside a judgment rendered against the defendants by default at the next term, although they were ignorant and uneducated persons and thought that they would be summoned again when wanted, or would receive further notice of the time and place of trial.
*737March 11, 1895.
Argued at the last term.
Equitable petition. Before Judge Honey. Bibb superior court. April term, 1894.…
2Cited by12 opinions
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- Lovelace v. LovelaceSupreme Court of Georgia · 1934
- Blanch v. KingSupreme Court of Georgia · 1947
- Ayer v. JamesSupreme Court of Georgia · 1904
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