Sugar & Brother v. Sackett, Davis & Potter
Supreme Court of Georgia
Debt and bail, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1858. This was an action of debt and bail, brought by Sackett, Davis & Potter, a mercantile firm of the City of New York, against Goodman Sugar & Brother, merchants residing in the Town of Lumpkin, Stewart County, on a note and open account.
Read the full summary
Debt and bail, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1858. This was an action of debt and bail, brought by Sackett, Davis & Potter, a mercantile firm of the City of New York, against Goodman Sugar & Brother, merchants residing in the Town of Lumpkin, Stewart County, on a note and open account. On the trial, counsel for defendants moved the Court to dismiss the bail, upon the grounds: 1st. That the plaintiffs did not, in their affidavit to hold to bail, swear that they “ claimed ” of defendant, the amount sworn to. 2d. Because said bail affidavit did not, in the…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The two first assignments of error in this case, proceed upon the ground, that in the terms of the bail affidavit, there is a departure from the phraseology of our Statute of 1799, authorizing this proceeding ; and that, inasmuch as this is a Statute in derogation of the Common Law, and must be strictly pursued, such variance is fatal.
If this be not, strictly speaking, a Statute in derogation of the Common Law, it is, at all events, in derogation of common right; and on this account and others, perhaps, should be, in the propor sense of the…
2Cases cited1 opinion
- Lock v. MillerSupreme Court of Alabama · 1832
3Cited by4 opinions
- Baker v. MagrathSupreme Court of Georgia · 1899
- Savannah Guano Co. v. StubbsSupreme Court of Georgia · 1912
- Druck v. NicolaiOregon Supreme Court · 1888
- Lumbermen's Underwriting Alliance v. First National Bank & Trust Co.Court of Appeals of Georgia · 1958