Legal Opinion

Taliaferro v. Smiley

Supreme Court of Georgia

Decided October 29, 1900PublishedCited by 15 opinions

Complaint. Before Judge Fite. Gordon superior court. February term, 1900. The petition of John Taliaferro, in an action against T. M. Smiley and his wife, Ella W. Smiley, alleged, in substance, that, to secure a loan of $1,290, he conveyed to the Equitable Mortgage Co. certain land, and being unable to pay such debt, just before its maturity, he conveyed said land together with other land to David C. Barton, with the understanding that Barton was to assume and pay…

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Complaint. Before Judge Fite. Gordon superior court. February term, 1900. The petition of John Taliaferro, in an action against T. M. Smiley and his wife, Ella W. Smiley, alleged, in substance, that, to secure a loan of $1,290, he conveyed to the Equitable Mortgage Co. certain land, and being unable to pay such debt, just before its maturity, he conveyed said land together with other land to David C. Barton, with the understanding that Barton was to assume and pay petitioner’s debt to tbe Mortgage Co. and pay him $1,000 for a designated portion of the land that petitioner conveyed to him,…

1Opinion of the CourtFish, J.

1. When this case was called in this court, counsel for the defendants in error moved “for an order replacing at the end of the writ of error the words placed there by [the trial judge] in effect this: ‘This bill of exceptions presented to me,’ which words have been erased since the bill of exceptions was certified and service thereon acknowledged by us,” and at the same time moved to dismiss the writ of error upon the ground that the bill of exceptions was not tendered within the time prescribed by law. In this connection we were requested by movant’s counsel to consider an order granted by…

2Cases cited4 opinions

  1. Moore v. Kelly & Jones Co.Supreme Court of Georgia · 1900
  2. Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
  3. Draper, Moore & Co. v. Macon Dry Goods Co.Supreme Court of Georgia · 1898
  4. Bluthenthal & Bickart v. MooreSupreme Court of Georgia · 1899

3Cited by15 opinions

  1. Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
  2. Ansley v. HightowerSupreme Court of Georgia · 1904
  3. Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
  4. Eaton v. BarnesSupreme Court of Georgia · 1904
  5. Parrish v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1926

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