Thomas v. Clarkson
Supreme Court of Georgia
Complaint. Before Judge Henry. Chattooga superior court. March 29, 1905. On July 22, 1901, the plaintiff filed suit against W. L. Kinsey ■and W. L. Thomas, as principal debtors, and Thomas Holcomb as security. W. L. Thomas was personally served, August 19, 1901, but there was no return as to service on the other two.
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Complaint. Before Judge Henry. Chattooga superior court. March 29, 1905. On July 22, 1901, the plaintiff filed suit against W. L. Kinsey ■and W. L. Thomas, as principal debtors, and Thomas Holcomb as security. W. L. Thomas was personally served, August 19, 1901, but there was no return as to service on the other two. The suit was for principal, interest from date at eight per cent, per annum, and attorney’s fees, on two promissory notes for $75 each, under the seals of the alleged makers and surety, all signing as makers, dated December 24, 1880, and due twelve months after date. W. L. Thomas…
1Opinion of the CourtAtkinson, J.
1. The ruling announced in the first headnote rests on the inherent right of the State to prescribe the remedies to be employed in the enforcement of contracts through the agency of its courts. It is perfectly reasonable that the State of the forum should make its own limitations of time within which suits upon a given class of contracts may be instituted in its courts, or make the rules governing the admissibility or sufficiency of evidence, or prescribe the form of procedure to be employed. It is equally reasonable that when a contract is properly before the courts of a given forum, its…
2Cases cited20 opinions
- Union Savings Bank & Trust Co. v. DottenheimSupreme Court of Georgia · 1899
- Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
- Selma, Rome & Dalton Railroad v. LacySupreme Court of Georgia · 1871
- Smith v. Muncie National BankIndiana Supreme Court · 1867
- Obear v. First National BankSupreme Court of Georgia · 1895
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3Cited by49 opinions
- Slaton v. HallSupreme Court of Georgia · 1929
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- General Electric Credit Corp. v. Home Indemnity Co.Court of Appeals of Georgia · 1983
- Coon v. Medical Center, Inc.Supreme Court of Georgia · 2017
- Budget Rent-A-Car Corporation of America v. Samuel FeinCourt of Appeals for the Fifth Circuit · 1965
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