McWilliams v. Walthall
Supreme Court of Georgia
lies Adjwlicata. Judgments. Before Judge Harris. Coweta Superior Court. September Term, 1885. J. H. Walthall brought suit to the September term, 1866, of Coweta superior court, against A. J. McWilliams, on a promissory note for $2,500. The defendant pleaded the general issue; that the plaintiff agreed to receive payment in Confederate money, but when tendered, he refused to accept it; and that the defendant had lost largely by the results of the war.
Read the full summary
lies Adjwlicata. Judgments. Before Judge Harris. Coweta Superior Court. September Term, 1885. J. H. Walthall brought suit to the September term, 1866, of Coweta superior court, against A. J. McWilliams, on a promissory note for $2,500. The defendant pleaded the general issue; that the plaintiff agreed to receive payment in Confederate money, but when tendered, he refused to accept it; and that the defendant had lost largely by the results of the war. The jury found for the plaintiff “ the return of the land,” and a j udgment was entered thereon. The case was taken to the Supreme Court by writ…
1Opinion of the Court
Haul, Justice.
Thejudgmentrendered,when this case was formerly here (sub nomine, McWilliams vs.Walthall et al., 65 Ga., 109) effectually disposes of the present bill of exceptions. The record in .that case covered the question now.argued, and if it was not then presented and insisted on, the failure of the party to urge it then is attributable solely to his own neglect, for it certainly does not áppéár that he was prevented from doing so by fraud, accident or mistake, or by the act of his adversary. Woodward vs. Dromgoole, 71 Ga., 523 ; Smith vs. Phinizy, Ib., 641.; Not 'only the facts which…
2Cases cited3 opinions
- Woodward v. DromgooleSupreme Court of Georgia · 1884
- McWilliams v. WalthallSupreme Court of Georgia · 1880
- Hightower v. CravensSupreme Court of Georgia · 1883
3Cited by12 opinions
- Bryant v. StateSupreme Court of Georgia · 1944
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Pryor v. PryorSupreme Court of Georgia · 1927
- Studdard v. HawkinsSupreme Court of Georgia · 1913
7 more not listed; retrieve them via the Exa API.