Dougherty v. Bethune
Supreme Court of Georgia
Assumpsit, &c. in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1849. William Dougherty, the holder of bank notes of the Chattahoochee Rail Road and Banking Company, to the amount of $6,850, brought suit upon the same against John Bethune,- as assignee of the said company, and judgment by default was entered at the first term.
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Assumpsit, &c. in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1849. William Dougherty, the holder of bank notes of the Chattahoochee Rail Road and Banking Company, to the amount of $6,850, brought suit upon the same against John Bethune,- as assignee of the said company, and judgment by default was entered at the first term. The defendant pleaded at the trial term, that he was not the assignee, as alleged in plaintiff’s declaration, and that the only assignment under which defendant had ever consented to act as trustee, was made by the company to Van Leonard, William P.…
1Opinion of the Court
By the Court —
Nisbet, J.
delivering the opinion.
[1.] The pleas, 1st, that the defendant below was not the assignee of the bank, and 2d, that there never was such an assignment made to him by the bank, and recorded in the Clerk's office of the Superior Court of Muscogee County, as is alleged in the Act of 1843, were demurred to, and the demurrer overruled. The plaintiff in error excepts to that decision, and insists that these are dilatory pleas, and ought to have been filed at the first term; that there being a judgment by default, and the default opened, the defendant is limited to pleas to…
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