Beall v. Blake
Supreme Court of Georgia
Motion to vacate judgment, in Bibb Superior Court. Tried by Judge Irwin. November Term, 1852. Assumpsit was pending by Beall, as executor, vs. Blake, in Bibb. The declaration having been lost at July Term, 1850, a copy was established, and at the same term judgment was confessed by Blake’s attorney and entered up by plaintiff. The established declaration had no process attached, or waiver thereof, nor any entry of service by the Sheriff, or waiver thereof.
Read the full summary
Motion to vacate judgment, in Bibb Superior Court. Tried by Judge Irwin. November Term, 1852. Assumpsit was pending by Beall, as executor, vs. Blake, in Bibb. The declaration having been lost at July Term, 1850, a copy was established, and at the same term judgment was confessed by Blake’s attorney and entered up by plaintiff. The established declaration had no process attached, or waiver thereof, nor any entry of service by the Sheriff, or waiver thereof. At July Term, 1851, an ex parte order was taken, reciting the above want of process, &c. and then directed the Clerk to annex process and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The record in this case is voluminous; still the facts necessary to the decision of the points made in the bill of exceptions are few.
Nathaniel H. Beall, as executor of Rebecca Bostwick deceased, caused Samuel R. Blake to be arrested on a ea. sa. purporting to have issued upon a judgment in Bibb Superior Court.
The defendant moved to vacate this judgment, upon the ground that it appeared from the record in the case, that no process had been attached to the declaration by the Clerk, and that there was no evidence thereon that the/writ had ever been…
2Cited by10 opinions
- Cherry v. McCutchenCourt of Appeals of Georgia · 1942
- Mitchell v. LongSupreme Court of Georgia · 1885
- Little v. IngramSupreme Court of Georgia · 1854
- Bell v. AyersCourt of Appeals of Georgia · 1950
- Glover v. GloverSupreme Court of Georgia · 1921
5 more not listed; retrieve them via the Exa API.