Thurmond v. Horton
Supreme Court of Georgia
Illegality, in Jackson Superior Court. Decided by Judge James Jackson, August Term, 1851. Samuel P. Thurmond sued John Horton in an action on the case, for slanderous words, which was tried on the appeal, and a verdict for five dollars damages returned by the Jury.
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Illegality, in Jackson Superior Court. Decided by Judge James Jackson, August Term, 1851. Samuel P. Thurmond sued John Horton in an action on the case, for slanderous words, which was tried on the appeal, and a verdict for five dollars damages returned by the Jury. Whereupon, plaintiff entered judgment for the costs of suit against the defendant, on which execution was issued, and defendant filed his affidavit of illegality thereto, on the ground that the verdict was for a sum less than forty shillings, and that therefore, the plaintiff, under the Statutes of Georgia, could have no more costs…
1Opinion of the Court
*501 By the Court.
Nisbet, J.
delivering the opinion.
[1.] The verdict is for five dollars, and the plaintiff in error contends that he is entitled to his full costs, notwithstanding the Act of 1767, which declares that when the damages assessed in actions of slander are less than forty shillings, the plaintiff shall recover no more costs than damages. Prince, 576.
He insists that five dollars is not less than forty shillings. If this be true, he is entitled to full costs, for then he is not within the prohibition of the Act of 1767. His argument is this, to wit: By the Act of 1794, the Legislature…
2Cited by1 opinion
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