Shirley v. Swafford
Supreme Court of Georgia
Certiorari. Before Judge Kimsev. Rabun superior court. March 2, 1903. Swafford sued Rembert, Shirley, and Dickson in a justice’s court, on a promissory note.
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Certiorari. Before Judge Kimsev. Rabun superior court. March 2, 1903. Swafford sued Rembert, Shirley, and Dickson in a justice’s court, on a promissory note. At the first term Shirley pleaded that he signed the note as surety, and that he had verbally instructed Swafford to bring suit against Rembert, the principal, who at that time had property out of which the debt could have been made; that Swafford promised to sue Rembert, but failed to do so; and that later Rembert moved from the State. Judgment was rendered for the plaintiff, and there was an appeal to a jury in the justice’s court;…
1Opinion of the CourtLamar, J.
The rule that this court will not interfere with the first grant of a new trial unless the verdict is absolutely demanded applies to decisions on certiorari from a judgment or verdict in a justice’s court. Strickland v. Reese, 110 Ga. 263; Flanders v. Wood, 113 Ga. 635; Civil Code, § 5585. There is nothing to take the present case out of the rule; for even if it be conceded that there was no conflict in the evidence as to the change in the note, the demurrer to the plea of alteration should have been sustained. The allegations therein do not set out a valid defense; for the Civil Code, §…
2Cases cited2 opinions
- Strickland v. ReeseSupreme Court of Georgia · 1899
- Flanders v. WoodSupreme Court of Georgia · 1901
3Cited by25 opinions
- Probasco v. ShawSupreme Court of Georgia · 1915
- International Harvester Co. v. DavisCourt of Appeals of Georgia · 1913
- National Union Fire Insurance v. OzburnCourt of Appeals of Georgia · 1928
- Swafford v. ShirleyCourt of Appeals of Georgia · 1910
- Vaughn v. Farmers & Merchants BankCourt of Appeals of Georgia · 1917
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