Fagan v. Bently
Supreme Court of Georgia
Debt on a foreign judgment, in Troup Superior Court. Tried before Judge Bull, at the November Term, 1860. The record in this case presents the following facts and questions, to-wit: On the 30th of March, 1840, Enoch Eagan recovered a judgment in the Circuit Court, held in and for the county of Tallapoosa, in the State of Alabama, against Moses Bently and John B. Crawford, for the principal sum of $757 54, and $16 25 for costs.
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Debt on a foreign judgment, in Troup Superior Court. Tried before Judge Bull, at the November Term, 1860. The record in this case presents the following facts and questions, to-wit: On the 30th of March, 1840, Enoch Eagan recovered a judgment in the Circuit Court, held in and for the county of Tallapoosa, in the State of Alabama, against Moses Bently and John B. Crawford, for the principal sum of $757 54, and $16 25 for costs. From this judgment an [execution issued, on the 18th day of April, 1840, which was returned nulla bona, on the 2d of September, 1840. At the October Term, 1857, the…
1Opinion of the Court
By the Court.
Lyon, J.,
delivering the opinion.
When this cause was heard before us, in term, it was insisted in the argument that the Court below, on the trial of the case,'rejected the exemplification of the record of the judgment from Alabama, the subject matter of the suit, as evidence, and it is stated in the bill of exceptions that the Court so decided. We ruled then that that decision was erroneous, but on looking since to the certificate of the presiding Judge,. I find it there stated that the record was not rejected, but admitted as evidence. In making the decision we were misled by the…
2Cited by8 opinions
- Watkins v. ConwaySupreme Court of the United States · 1967
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- Frank v. WolfCourt of Appeals of Georgia · 1916
- Thomas v. LallyCalifornia Court of Appeal · 1915
- Baty v. HolstonCourt of Appeals of Georgia · 1963
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