Tillman v. Davis
Supreme Court of Georgia
Certiorari. Decision by Judge Allen, in Lee Superior Court, March Term, 1859. 'William J. Tillman brought suit to the January Term, 1858, of Lee Inferior Court, against John A. Deunard and Jonathan Davis, on a promissory note given for rent. Davis lived in the county of Lee, and Dennard in the county of Dougherty. Both parties appear, from the entries on the original and second original declarations, to have been regularly served.
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Certiorari. Decision by Judge Allen, in Lee Superior Court, March Term, 1859. 'William J. Tillman brought suit to the January Term, 1858, of Lee Inferior Court, against John A. Deunard and Jonathan Davis, on a promissory note given for rent. Davis lived in the county of Lee, and Dennard in the county of Dougherty. Both parties appear, from the entries on the original and second original declarations, to have been regularly served. At the July Term, 1858, of said court, a verdict was rendered in favor of the plaintiff, judgment duly entered up, and ft. fa. issued. Davis afterwards moved to set…
1Opinion of the Court
*496 By the Court.
Lumpkin, J.,
delivering the opinion.
Of course, the testimony of Boynton, the sheriff of Dougherty county — taken after the case was decided in the Inferior Court — -was properly disregarded upon the hearing of the certiorari. Had that evidence been in, it would have sustained the return of Boynton, the sheriff; and we should have been saved the necessity of inquiring whether the return of that officer, as it stands, can be controverted ? The case depends upon the decision of that question. If Dennard was regularly served, as he appears to have been by the return of the sheriff,…
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