Brown v. Chaney
Supreme Court of Georgia
Algernon S. Speer and Alexander Speer made six thirty dollar notes, payable to one William Hayman, or bearer, dated 16th of February, 1839, and due the 25th of December thereafter. Hayman transferred these notes to the plaintiff in error, who afterwards, on the 8th of February, 1842, endorsed them to the defendant in error, with the reservation that he was not to be liable in the first instance.
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Algernon S. Speer and Alexander Speer made six thirty dollar notes, payable to one William Hayman, or bearer, dated 16th of February, 1839, and due the 25th of December thereafter. Hayman transferred these notes to the plaintiff in error, who afterwards, on the 8th of February, 1842, endorsed them to the defendant in error, with the reservation that he was not to be liable in the first instance. The defendant sued Alger-non S. Speer in the Justice’s Court upon said notes, recovering final judg¡.neats therein on the 6th of January, ] 844, upon which judgments executions were issued, and…
1Opinion of the Court
*412 By the Court
Lumpkin, Judge.
The question for the opinion of this court is : what shall be the force and effect of the judgment rendered in the Justice’s Court in favor of Alexander Speer, in the suit subsequently instituted by Aquilla Chaney against Isaac Brown ? The court below was unquestionably correct in rejecting the testimony tendered by the counsel of Brown, to impeach that judgment, not because interrogatories, taken in the Justice’s Court, could not be read in the Superior Court, but because that judgment could not thus be collaterally attacked : Expedit reipublicce ut sit finis…
2Cases cited8 opinions
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