Carter v. Penn
Supreme Court of Georgia
Pleadings. Amendment. Practice in Superior Court. Waiver. Process. Judgments. Administrators and Executors. Statute of Limitations. Liens. Money Rule. Before Judge Jenkins. Jasper Superior Court. April Term, 1887. Reported in the decision.
1Opinion of the Court
Simmons, Justice.
Joseph Penn died some years prior to 1869, testate. Berry T. Digby qualified as his executor. Digby died in 1879, testate, and J. T. Lewis qualified the same year as his executor. When Joseph Penn died, he owed Stephen A. Penn and Russell J. Brown certain promissory notes. At the April term, 1870, Brown commenced suit on his notes, and obtained a judgment thereon at the August term, 1872. At that term, and before judgment was obtained, he amended his declaration, the amendment being the form prescribed in the code for suit on promissory note. Stephen A. Penn sued on his…
2Cases cited2 opinions
- Davis v. SmithSupreme Court of Georgia · 1848
- Reynolds v. LyonSupreme Court of Georgia · 1856
3Cited by9 opinions
- Auld v. SchmelzSupreme Court of Georgia · 1946
- Smalls v. BrennanCourt of Appeals of Georgia · 1913
- Wilson v. BushCourt of Appeals of Georgia · 1918
- Cannon v. TantSupreme Court of Georgia · 1972
- Third National Bank v. StraussSupreme Court of Georgia · 1910
4 more not listed; retrieve them via the Exa API.