Baldwin v. Daniel
Supreme Court of Georgia
Practice in Supreme Court. Practice in Superior Cour.t. Vendor and Purchaser. Contracts. Warranty. Charge of Court. Before Judge Hood. Randolph Superior Court. November Adjourned Term, 1882. Baldwin, as transferee of certain notes and a mortgage to secure the same, given by Daniel to one McNair, brought suit on the notes and proceeded to foreclose the mortgage. By agreement the two cases were consolidated. Defendant pleaded the general issue and failure of consideration.
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Practice in Supreme Court. Practice in Superior Cour.t. Vendor and Purchaser. Contracts. Warranty. Charge of Court. Before Judge Hood. Randolph Superior Court. November Adjourned Term, 1882. Baldwin, as transferee of certain notes and a mortgage to secure the same, given by Daniel to one McNair, brought suit on the notes and proceeded to foreclose the mortgage. By agreement the two cases were consolidated. Defendant pleaded the general issue and failure of consideration. The latter plea alleged that the notes were given for the .right to sella certain patent plow-stock in Mississippi; that…
1Opinion of the Court
Hall, Justice.
1, 2, 3. A motion was made to dismiss this writ of error.(1). Because no notice of the rule nisi was served upon the party called on to show cause.
(2.) Because the grounds of the motion for a new trial were not verified by the judge.
(3.) Because the documentary evidence in the case was not set forth in the brief of testimony accompanying the motion for a new trial, and was not approved and ordered filed by the judge.
The record in the case does not sustain either of these grounds of objection.
The motion was made, and the rule nisi thereon granted required cause to be shown…
2Cases cited5 opinions
- Castleberry v. ScandrettSupreme Court of Georgia · 1856
- Robert Falkner & Co. v. LaneSupreme Court of Georgia · 1877
- Stephens v. WoolbrightSupreme Court of Georgia · 1878
- Powell v. HowellSupreme Court of Georgia · 1857
- Scarborough v. StrozierSupreme Court of Georgia · 1881
3Cited by11 opinions
- Dunn v. DunnSupreme Court of Georgia · 1965
- Dixon v. BondCourt of Appeals of Georgia · 1916
- McMullen v. BankSupreme Court of Georgia · 1905
- Georgia State Bank v. HardenCourt of Appeals of Georgia · 1924
- Connor v. StateCourt of Appeals of Georgia · 1909
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