Welborn v. Akin
Supreme Court of Georgia
Relief Act. Constitutional law. Renewal. Novation. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. In January, 1871, Akin sued Welborn upon his promissory note, made in 1868. Welborn pleaded that said note was given in renewal of one made prior to June, 1865; that he lost $2,000 00 by the destruction of his property, in consequence of the late war with the United States, and claimed the benefit of the Relief Acts.
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Relief Act. Constitutional law. Renewal. Novation. Before Judge Hopkins. Fulton Superior Court. April Term, 1871. In January, 1871, Akin sued Welborn upon his promissory note, made in 1868. Welborn pleaded that said note was given in renewal of one made prior to June, 1865; that he lost $2,000 00 by the destruction of his property, in consequence of the late war with the United States, and claimed the benefit of the Relief Acts. Akin called the Court’s attention to the case, and asked to take it up. It was very far down upon the docket from where the Court was engaged. But the Court usually…
1Opinion of the Court
Lochrane, Chief Justice.
This was an action brought by Warren Akin against C. B. Welborn, upon a note for $1,602 15, dated December 16th, 1868, with a credit of $42 33, September 14th, 1869. When this case was called upon the docket, counsel for defendant objected to its being taken up out of the regular call of the docket, “upon the ground that an issuable defense had been filed under oath under the provisions of the Relief Act of 1871; and that, not expecting said case to be disposed of until reached on the regular call of the docket, he was not then prepared for the argument and trial of…
2Cited by3 opinions
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- Bussey v. BishopSupreme Court of Georgia · 1929
- Williams v. StateSupreme Court of Georgia · 1957