Thornton v. Perry
Supreme Court of Georgia
Complaint. Before Judge Sheffield. Terrell superior court. November term, 1896. On May 7, 1888, J. B. Perry sued J. B. Thornton upon a promissory note for $7,989.79 principal, with interest at eight per cent., and ten per cent, attorney’s fees, dated December 31, 1886, and due one day after date.
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Complaint. Before Judge Sheffield. Terrell superior court. November term, 1896. On May 7, 1888, J. B. Perry sued J. B. Thornton upon a promissory note for $7,989.79 principal, with interest at eight per cent., and ten per cent, attorney’s fees, dated December 31, 1886, and due one day after date. The case was called for trial at the November term, 1896, and upon the bench-docket opposite the entry of the case appeared the following in the handwriting of Hon. John T. Clarke, then the presiding judge of the court: “ May term, ’89. By consent ordered to stand without proceeding for five years…
1Opinion of the CourtAtkinson, J.
1. In determining the questions made in the present case, it is only necessary to consider the effect of the entry which appears upon the judge’s docket, and which is set out in the record. This entry was in the handwriting of the judge of the judicial circuit which embraced the county in which this case was pending at the time it was made. No di*614rect attack was made upon it; and being unchallenged by any direct proceeding to vacate or modify its terms, it is presumed to speak truthfully concerning the matters of fact to which it relates. The superior court is a court of record, and this…
2Cases cited3 opinions
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