Allison v. Chaffin
Supreme Court of Georgia
Motion to set aside a judgment, in Greene Superior Court. Decided by Judge Johnson, March Term, 1850. This was a motion to set aside a judgment against Chaffin and Dickinson, upon the following agreed statement of facts : The motion to set aside was on the ground— 1st. That if the verdict of the Jury was in favor of Battle, on the second plea, the notice to sue enured to the benefit of the firm of Dickinson & Battle, and Battle being discharged, Dickinson was also…
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Motion to set aside a judgment, in Greene Superior Court. Decided by Judge Johnson, March Term, 1850. This was a motion to set aside a judgment against Chaffin and Dickinson, upon the following agreed statement of facts : The motion to set aside was on the ground— 1st. That if the verdict of the Jury was in favor of Battle, on the second plea, the notice to sue enured to the benefit of the firm of Dickinson & Battle, and Battle being discharged, Dickinson was also discharged, and the judgment is a nullity. 2d. That Battle being the only defendant resident in Greene County, and being…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The main question for our consideration and judgment, presented by the record before us, is, as to the proper construction to be given to the Act of 1839, authorizing either party to a suit, where there is more than one plaintiff or defendant, to enter an appeal. The first section of the Act declares, that “ whenever there shall be more than one party, plaintiff or defendant, and one or more of said parties, plaintiff or defendant, desire to appeal, and the other, or others, refuse or fail to appeal, it shall and may be lawful for any party,…
2Cited by3 opinions
- Doe ex. dem. Hesters v. RoeSupreme Court of Georgia · 1861
- Ryan v. LieberSupreme Court of Georgia · 1860
- Twitty v. BowerSupreme Court of Georgia · 1890