Sanders v. White
Supreme Court of Georgia
Certiorari, in Cherokee Superior Court. Decision by Judge Trippe, at October adjourned Term, 1856. Thomas N. White sued Jeffrey Sanders and Joseph Thompson in a Justice’s Court on an account for twenty-two dollars and eighty cents, “ for cash paid to Clerk and Sheriff, and for balance of debt to Thomas N. White, due by said defendant.” At the appearance Term, Sanders pleaded the general issue: At the trial Term, judgment was given for the plaintiff, for the amount sued for.
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Certiorari, in Cherokee Superior Court. Decision by Judge Trippe, at October adjourned Term, 1856. Thomas N. White sued Jeffrey Sanders and Joseph Thompson in a Justice’s Court on an account for twenty-two dollars and eighty cents, “ for cash paid to Clerk and Sheriff, and for balance of debt to Thomas N. White, due by said defendant.” At the appearance Term, Sanders pleaded the general issue: At the trial Term, judgment was given for the plaintiff, for the amount sued for. Sanders appealed but failed to pay the cost and give security within four days, as required by law. At the May Term of…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
This Court can take no notice of the bargain between the parties, shown in the record, that if the plaintiff would allow the defendant a jury trial, he would abide the verdict, whatever it might be. The defendant’s refusal to comply with his contract is no ground upon which we can refuse to determine on the case, as it properly comes up.
We have carefully examined the record, and find no evidence to sustain the verdict of the Jury. The account sued on is for costs paid Clerk and Sheriff and balance of debt *105due plaintiff, White. The proof is, that…
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- Wallace v. EvansCourt of Appeals of Georgia · 1964