Legal Opinion

Kelsey & Halstead v. L. M. Wyley, Parish & Co.

Supreme Court of Georgia

Decided August 15, 1851No. 52PublishedCited by 10 opinions

Motion, in Houston Superior Court. Decided by Judge Stark, April Term, 1851. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1793 96 cts. principal. Execution issued therefor, on the 18th day of May, 1839. The correct amount was inserted in the face of the execution, but on the back of it was for $753 96; the same entry was made on the execution docket.

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Motion, in Houston Superior Court. Decided by Judge Stark, April Term, 1851. At the April Term, 1839, of Houston Superior Court, L. M. Wiley, Parish & Co. obtained judgment against T. & S. Williams, for the sum of $1793 96 cts. principal. Execution issued therefor, on the 18th day of May, 1839. The correct amount was inserted in the face of the execution, but on the back of it was for $753 96; the same entry was made on the execution docket. The only entry which appeared upon the execution, was a receipt in the handwriting of the late Judge Tracy, for $186 46 cts. but not signed by him, dated…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

*376[1.] The main question made in this case is, whether the Court below erred in directing that the points made at the last term of that Court, for its decision and judgment were the same which had been made before it at a previous term, and brought before this Court on a writ of error, in the case of Wiley, Parish & Co. vs. Kelseys & Halstead et al. 9 Geo. R. 117. The Court below was of the opinion, that the questions made at the last term of that Court, were evidentially the same as those adjudicated by this Court between the same parties, in the…

2Cited by10 opinions

  1. Terry v. BuffingtonSupreme Court of Georgia · 1852
  2. Chance v. ChanceCourt of Appeals of Georgia · 1939
  3. Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
  4. Hicks v. HicksSupreme Court of Georgia · 1942
  5. Dunagan v. Stadler & Co.Supreme Court of Georgia · 1897

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