Jernigan v. Carter
Supreme Court of Georgia
Yerdict. Pleadings. Parties. Amendment. Lost papers. Practice in the Superior Court. Before Judge Crawford. Marion Suj>erior Court. October Term, 1877. Neal Carter brought complaint against Sarah L. Jernigan, executrix of Ptolemy Jernigan, on a note, dated March 5, 1861, due December 25, next thereafter, payable to Jessie Carter, or bearer, for $794.93. The defendant pleaded the general issue, non est factum, and that the plaintiff was dead at the commencement of the suit.
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Yerdict. Pleadings. Parties. Amendment. Lost papers. Practice in the Superior Court. Before Judge Crawford. Marion Suj>erior Court. October Term, 1877. Neal Carter brought complaint against Sarah L. Jernigan, executrix of Ptolemy Jernigan, on a note, dated March 5, 1861, due December 25, next thereafter, payable to Jessie Carter, or bearer, for $794.93. The defendant pleaded the general issue, non est factum, and that the plaintiff was dead at the commencement of the suit. The evidence, so far as is necessary to an understanding of the decision, is stated in the opinion. The jury found for…
1Opinion of the Court
Bleckley, Judge.
1. If the jury had believed that the evidence established any one of the three pleas, a verdict in favor of the plaintiff for the amount of the note declared upon, would have been impossible. Such a verdict necessarily negatives each and all of the pleas. It is alike inconsistent with “not indebted,” non est factum, or that the plaintiff was dead when the action was commenced.
2. Misnomer is amendable instanter: Code, §3483. Hence, the suit was not void, though the plaintiff was described as Neal Carter, when his full name was John Neal Carter, and though, according to the…
2Cases cited2 opinions
- Wallace v. Tumlin & StegallSupreme Court of Georgia · 1871
- Jernigan v. CarterSupreme Court of Georgia · 1874
3Cited by5 opinions
- Brown v. WilsonCourt of Appeals of Georgia · 1937
- Central Railroad v. FreemanSupreme Court of Georgia · 1885
- Bernath Barrel & Drum Co. v. Ostrum Boiler Service, Inc.Court of Appeals of Georgia · 1974
- Black v. JacobsCourt of Appeals of Georgia · 1966
- Trust Co. of New Jersey v. Atlanta Aluminum Co.Court of Appeals of Georgia · 1979