Dobbins v. Dupree
Supreme Court of Georgia
Motion to set aside Confession of Judgment. Decided by Judge Speer. Spalding Superior Court, February Term, 1867. Charles L. Dupree as security, and Leonard T. Doyal as maker, were sued by plaintiff in error in said Court on notes amounting to $3,180.00. Service was acknowledged 30th April, 1861, by “Doyal & Cook, defendants’ attorneys,” and at November Term, 1861, judgment was confessed against said defendants by Doyal & Cook.
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Motion to set aside Confession of Judgment. Decided by Judge Speer. Spalding Superior Court, February Term, 1867. Charles L. Dupree as security, and Leonard T. Doyal as maker, were sued by plaintiff in error in said Court on notes amounting to $3,180.00. Service was acknowledged 30th April, 1861, by “Doyal & Cook, defendants’ attorneys,” and at November Term, 1861, judgment was confessed against said defendants by Doyal & Cook. At November Term, 1866, Dupree moved to set aside the said judgment, alleging that neither Doyal nor Cook nor Doyal and Cook were his attorneys or authorized to act…
1Opinion of the CourtHarris, J.
A question of practice under the rules of the Superior Courts is made by the bill of exceptions, which we do not find it necessary to decide now. Of this question so made, that is as to which party in this case belonged the right to open and conclude the argument, it may not be inappropriate, however, to say that it could only have arisen in this case from the form pursued by the petitioner below, in calling on the 'other party to show cause why the judgment in favor of that party against the petitioner should not be vacated and set aside for want of legal service, etc. If strict rule had…
2Cited by9 opinions
- Edwards v. WallSupreme Court of Georgia · 1922
- Bigham v. KistlerSupreme Court of Georgia · 1901
- Jackson v. JacksonSupreme Court of Georgia · 1945
- Buice v. Lowman Gold & Silver Mining Co.Supreme Court of Georgia · 1880
- Londeau v. DavisCourt of Appeals of Georgia · 1975
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