Booth v. Stamper
Supreme Court of Georgia
In Equity, in Talbot Superior Court. Tried before Judge Alexander, September Term, 1848. Plaintiffs in erroi filed their bill in Talbot Superior Court, charging that Martin W. Stamper brought an action of assumpsit in the Inferior Court of said County, December Term, 1842, against Booth, founded on a promissory note for $400, given to one John C. Waters, or bearer; that the consideration of said note was for money won at gaining; that Booth filed his plea, and summoned a…
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In Equity, in Talbot Superior Court. Tried before Judge Alexander, September Term, 1848. Plaintiffs in erroi filed their bill in Talbot Superior Court, charging that Martin W. Stamper brought an action of assumpsit in the Inferior Court of said County, December Term, 1842, against Booth, founded on a promissory note for $400, given to one John C. Waters, or bearer; that the consideration of said note was for money won at gaining; that Booth filed his plea, and summoned a witness by whom the fact could be proved; that some short tiihe before the trial, Raines, as the agent of Booth, proposed…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The error assigned to the judgment of the Court below, is the dismissal of the complainants’ bill at the trial term of the cause on the appeal, for want of equity.
[1.] It appears from the bill of exceptions, that the Court below predicated its judgment on the ground, that the defendant in the Inferior Court, could have moved for a new trial in that Court, and failing to do so, lost his remedy at Law, and had none in Equity. Have the Inferior Courts in this State, under the Constitution and laws thereof, the power and authority to grant new trials?…
2Cited by8 opinions
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- Flowers v. ThompsonSupreme Court of Georgia · 1924
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