Robison v. Medlock
Supreme Court of Georgia
Appeals. Before Judge Johnson. Washington Superior • Court. March Term, 1877. Medlock sued Robison in the justice court for the ninety-third district G. M. Judgment was rendered for the plaintiff. Execution issued and was levied. Defendant filed an affidavit of illegality thereto on various grounds, which was overruled by the court, and he appealed.
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Appeals. Before Judge Johnson. Washington Superior • Court. March Term, 1877. Medlock sued Robison in the justice court for the ninety-third district G. M. Judgment was rendered for the plaintiff. Execution issued and was levied. Defendant filed an affidavit of illegality thereto on various grounds, which was overruled by the court, and he appealed. The appeal was entered on October 5,1876, but the papers were not filed in the clerk’s office of the superior court until the first day of the next term, to-wit: in March, 1877. M'edlock moved to dismiss the appeal because the papers were not…
1Opinion of the Court
Bleckley, Judge.
The constitution gives the right of appeal. Code, §5104. The statute regulates its exercise. Ib., §§3610 to 3631. Section 3626 makes it the duty of the justice of the peace to transmit the appeal to the clerk of the superior court at least ten days before the next term of the court. When this duty is omitted, and the justice delays the transmission till the first day of the term, is the appeal to be dismissed ? There is no statute which so declares, and the spirit of our law is against depriving a party who has duly entered an appeal, of the benefits thereof, on account of…
2Cases cited2 opinions
- Holt v. EdmondsonSupreme Court of Georgia · 1860
- Perdue v. BradshawSupreme Court of Georgia · 1855
3Cited by6 opinions
- Ætna Casualty & Surety Co. v. NuckollsCourt of Appeals of Georgia · 1943
- Bower v. PattersonSupreme Court of Georgia · 1902
- Ford v. RedfearnSupreme Court of Georgia · 1916
- Associates Discount Corp. v. WillardCourt of Appeals of Georgia · 1959
- American Legion Post 69 v. UndercoflerCourt of Appeals of Georgia · 1963
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