Irwin v. McKee
Supreme Court of Georgia
Complaint and appeal, from.Stewart county. Tried before Judge Kiddoo, April Term, 1858. This was a suit on a note, and on the appeal the deféndant moved to dismiss it, on the ground, that the process to the declaration was made returnable to the April Term, 1857, of the Superior Court, when it appeared that the said appeal was made from the October Term, 1856, of said Court.
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Complaint and appeal, from.Stewart county. Tried before Judge Kiddoo, April Term, 1858. This was a suit on a note, and on the appeal the deféndant moved to dismiss it, on the ground, that the process to the declaration was made returnable to the April Term, 1857, of the Superior Court, when it appeared that the said appeal was made from the October Term, 1856, of said Court. The process to said declaration bore date April 1st, 1856, and required the defendant to appear at said Court, to be held on the third Bíonday in April next. Which motion was refused by the Court, and to which defendant’s…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The process was amendable by law. The plaintiff in error employed counsel to defend the cause, who confessed judgment and entered an appeal, and on the appeal trial,, he moved to dismiss the cause, on account of a defect in the process. The process was amendable by statute; but if it hadL not been, it had the effect ©f all process, for the defendant *648appeared and defended. It is not like the case of Wheeler vs. The State, 21 Ga. Rep. 153. That was the case of a contract and the Court only construed the contract. A contract is not amendable…
2Cases cited1 opinion
- Wheeler v. StateSupreme Court of Georgia · 1857
3Cited by6 opinions
- Johnson & Son v. Friedman-Shelby Shoe Co.Court of Appeals of Georgia · 1914
- Beavers v. Interstate Bond CompanySupreme Court of Georgia · 1939
- Lowe v. BurkettSupreme Court of Georgia · 1880
- Gunn v. McMichaelSupreme Court of Georgia · 1882
- Milburn-Stoddard Co. v. StickneyNorth Dakota Supreme Court · 1905
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