Legal Opinion

Howard v. Wellham

Supreme Court of Georgia

Decided March 12, 1902PublishedCited by 7 opinions

Motion to arrest judgment. Before Judge Reid. City court of Atlanta. May 4, 1901.

1Opinion of the CourtSimmons, C. J.

In a suit upon several of a series of promissory notes,'some due and some not matured except under a stipulation that they should become due if any one of the series was not paid within thirty days after maturity, a verdict of a jury is necessary before a judgment can be rendered. A suit on notes not due except by virtue of such a stipulation is not “founded on unconditional contracts in writing,” within the meaning of paragraph 7 of section 4 of article 6 of the constitution of this State. This case is controlled by Rodgers v. Caldwell, 112 Ga. 635, and cases therein cited.

Judgment affirmed.

A…

2Cases cited1 opinion

  1. Rodgers v. CaldwellSupreme Court of Georgia · 1901

3Cited by7 opinions

  1. Pape v. Woolford Realty Co.Court of Appeals of Georgia · 1926
  2. Cooper v. RicketsonCourt of Appeals of Georgia · 1913
  3. Pierce v. JonesCourt of Appeals of Georgia · 1927
  4. Jones v. North American Life InsuranceCourt of Appeals of Georgia · 1933
  5. Apperson v. Mutual Fertilizer Co.Supreme Court of Georgia · 1918

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