Justices of the Inferior Court ex rel. Selman v. Selman
Supreme Court of Georgia
Debt on Guardian’s Bond, in Paulding Superior Court. Tried before Judge, Wright, February Term, 1849. This was an action of debt upon a bond given to the Justices of the Inferior Court of Morgan County, by William W, Selman, as guardian of the orphans of Benjamin Selman, deceased, with Martin P. Sparks, Carter W. Sparks and John Howard, as sure» ties, dated the 12th January, 1830, to which actioh the defendants pleaded a retraxit, by the plaintiffs, and a discharge by the…
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Debt on Guardian’s Bond, in Paulding Superior Court. Tried before Judge, Wright, February Term, 1849. This was an action of debt upon a bond given to the Justices of the Inferior Court of Morgan County, by William W, Selman, as guardian of the orphans of Benjamin Selman, deceased, with Martin P. Sparks, Carter W. Sparks and John Howard, as sure» ties, dated the 12th January, 1830, to which actioh the defendants pleaded a retraxit, by the plaintiffs, and a discharge by the guardian’s removal to Coweta County, and giving a new bond in that County. On the trial, the plaintiff gave in evidence a…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The defendants, among other things, insist that being heretofore twice impleaded for the same cause of action, which suits were dismissed — the judgments rendered for the costs in their favor— were in the nature of judgments as upon a retraxit, and are a complete bar to a subsequent action for the same cause. It is *437contended, on the other hand, that the doctrine of retraxit, as known to the system of English pleadings, is not of force in this State. "We can see no good reason why it is not.
[1.] A retraxit is the public and voluntary renunciation…
2Cases cited4 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- Wise v. WithersSupreme Court of the United States · 1806
- Hoffman v. PorterU.S. Circuit Court for the District of Virginia · 1824
- Evans v. McMahanSupreme Court of Alabama · 1840
3Cited by13 opinions
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Williford v. StateCourt of Appeals of Georgia · 1937
- Dickerson v. BowenSupreme Court of Georgia · 1907
- Dame v. McGowenSupreme Court of Georgia · 1927
- Dudley v. RiceWisconsin Supreme Court · 1903
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