Norton v. Cobb & Crawford
Supreme Court of Georgia
Certiorari, in Clarke Superior Court. Decision by Judge James Thomas, at Chambers, March, 1856. Cobb & Crawford brought suit against Perrin Benson, and issued garnishment to Miles M. Norton. Norton answered, and on his answer issue was joined, and a judgment rendered for the plaintiffs. Norton appealed.
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Certiorari, in Clarke Superior Court. Decision by Judge James Thomas, at Chambers, March, 1856. Cobb & Crawford brought suit against Perrin Benson, and issued garnishment to Miles M. Norton. Norton answered, and on his answer issue was joined, and a judgment rendered for the plaintiffs. Norton appealed. On the trial of the appeal, objection was made to the note being placed in evidence, because the summons was headed u Cobb & Crawford vs. Perrin Benson, and Miles M. Norton, garnishee,” and the note was made by Benson only. The Court over-ruled this objection. The affidavit and bond to obtain…
1Opinion of the Court
The Court not being unanimous on all the points, delivered opinions seriatim.
By the Court.
Lumpkin, J.
delivering the opinion.
Without repeating the objections made to the regularity of the proceeding as specified in the bill of exceptions, and pronouncing a separate judgment on each, the Court are unanimously of the opinion that none of them were sufficient, in Law, to arrest the case, except as to the omission of the word “ is” in the affidavit. Our brother McDonald thinks that the failure to insert those two little letters, i s, was fatal and incurable. A majority of the Court hold that the…
2Cited by5 opinions
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