Molyneaux v. Collier
Supreme Court of Georgia
In Equity, from Dougherty county. Decided by Judge Allen, at June Term, 1859. This was a bill filed by George W. Collier, and has heretofore been before this Court, as stated in 17th Georgia Reports, page 46. The material allegations of the bill are about as follows: Collier, Braeewell and St. George, entered into a copartnership in 1838 for the purpose of merchandizing at Hawkinsville, under the name of Collier & Braeewell.
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In Equity, from Dougherty county. Decided by Judge Allen, at June Term, 1859. This was a bill filed by George W. Collier, and has heretofore been before this Court, as stated in 17th Georgia Reports, page 46. The material allegations of the bill are about as follows: Collier, Braeewell and St. George, entered into a copartnership in 1838 for the purpose of merchandizing at Hawkinsville, under the name of Collier & Braeewell. Edward Molyneaux recovered judgment against Collier & Braeewell, with St. George as security on the appeal, for $9,360 00, with interest and costs. The firm was…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Several of the grounds taken in the bill of exceptions, were waived upon the argument, and, therefore, will not be noticed in the decision.
1. Was Jonathan Davis a competent witness? The Molyneaux execution was levied upon land and negroes as the property of George W. Collier, and claimed by Jonathan Davis. The claim to the negroes was finally withdrawn by him, but the claim to the land is still pending and undisposed of. A judgment in this case, setting aside the execution, upon the ground that it was satisfied, could be used by Jonathan Davis…
2Cases cited2 opinions
- Williams v. ChapmanSupreme Court of Georgia · 1849
- Molyneux v. CollierSupreme Court of Georgia · 1855
3Cited by12 opinions
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- Pethel v. WatersSupreme Court of Georgia · 1965
- Purcell v. Armour Packing Co.Court of Appeals of Georgia · 1908
- Johnson v. Georgia Fertilizer & Oil Co.Court of Appeals of Georgia · 1918
- Saunders v. Citizens First National BankSupreme Court of Georgia · 1927
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