McBride v. Bryan
Supreme Court of Georgia
Judgments. Service. Attorney and Client. Evidence. Waiver. Nullities. Before Judge SNEAD. Washington Superior Court. March Term, 1881. To the report contained in the decision it is only necessary to add the following confession of judgment, which appeared upon the minutes of the inferior court: “ We confess judgment to the plaintiff in the sum of six hundred and thirty-seven dollars principal, with costs of suit, reserving the right of appeal.
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Judgments. Service. Attorney and Client. Evidence. Waiver. Nullities. Before Judge SNEAD. Washington Superior Court. March Term, 1881. To the report contained in the decision it is only necessary to add the following confession of judgment, which appeared upon the minutes of the inferior court: “ We confess judgment to the plaintiff in the sum of six hundred and thirty-seven dollars principal, with costs of suit, reserving the right of appeal. Langmade & Evans, Defendants' Attorneys!'
1Opinion of the Court
Jackson, Chief Justice.
Certain real estate was levied on as the property of William Smith by virtue of a ft. fa. in favor of the plaintiff in error, against certain defendants as principal and said Smith, indorser. The jury found it not subject, and on the refusal of the court to grant a new trial on the grounds alleged in the motion therefor, error is assigned here.
1. The controlling question in the case is this : Is the judgment on which the ft. fa. was issued void for want of service on Smith, the indorser, under the facts disclosed in the record %
There is no return of service on the…
2Cases cited5 opinions
- Brown v. . NicholsNew York Court of Appeals · 1870
- Carpentier v. City of OaklandCalifornia Supreme Court · 1866
- Davant v. CarltonSupreme Court of Georgia · 1876
- Kennedy v. RedwineSupreme Court of Georgia · 1877
- Wright, Bull & Co. v. HarrisSupreme Court of Georgia · 1858
3Cited by6 opinions
- Heath v. MillerSupreme Court of Georgia · 1903
- Dunn v. DunnSupreme Court of Georgia · 1965
- Barnes v. Continental Insurance CompanySupreme Court of Georgia · 1973
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
- Harrison v. TongeCourt of Appeals of Georgia · 1942
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