Legal Opinion

Ballew v. Broach & McCurry

Supreme Court of Georgia

Decided December 10, 1904PublishedCited by 4 opinions

Action for damages. Before Judge Henry. Floyd superior court. February 4, 1904.

1Opinion of the CourtEvans, J.

1. Upon tbe call of this case, the clerk, pursuant to his duty under the rules, directed our attention to the affidavit in forma pauperis of the plaintiff in error. This affidavit purports to have been made before a justice of the peace in the State of Tennessee, but there is no authentication of his official character. An affidavit made in a foreign State before an officer of such State is *422insufficient unless it is made to appear in some legal way that the person attesting the affidavit was in fact authorized to administer the oath. Thus, in Behn v. Young, 21 Ga. 213, it was held that an…

2Cases cited6 opinions

  1. Castellaw v. BlanchardSupreme Court of Georgia · 1898
  2. Charles v. FosterSupreme Court of Georgia · 1876
  3. Shockley v. TurnellSupreme Court of Georgia · 1901
  4. Behn & Foster v. Willam H. Young & Co.Supreme Court of Georgia · 1857
  5. Simpson v. WickerSupreme Court of Georgia · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Banks v. Schofield's Sons Co.Supreme Court of Georgia · 1906
  2. Brooks v. StateCourt of Appeals of Georgia · 1940
  3. Howell v. Simpson Grocery Co.Supreme Court of Georgia · 1904
  4. Singletary v. WatsonSupreme Court of Georgia · 1911

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